under Section 138 of the NI Act by virtue of sub-section (1) of Section
145 of the NI Act. Sub-section (2) of Section ... notice in terms of Section 251 of
Cr.P.C., an application under Section 145(2) of the NI Act
is moved by an accused
complaint of the complainant / respondent u/s 138 NI Act.
3 During arguments, he also referred to Section 145 (2) of NI Act and
argued ... notice under Section 251 CrPC and recording of evidence either
under Section 145 (1) or (2) of the NI Act . Once notice under section
u/s 251 Cr. PC had already been framed on
02.09.2016. Learned Metropolitan Magistrate noted that no application u/s 145
(2) NI Act ... petitioner u/s 145 (2) NI
Muneev ur Rehman vs Taufiq ur Rehman Page no 2 of 11
CR 338/17
Act was taken
same provision
can not be entertained.
Heard. Perused. Considered.
Section 145 (2) NI Act states that
"the Court may, if it thinks ... Jain Vs. M/s. Padmini Impex Pvt. Ltd.
opinion that Section 145 (2) NI Act nowhere
gives the power to the court to recall
defence under
Section 251 Cr.P.C. Accordingly, he was directed to file application u/s
145 (2) NI Act. The said application does ... arrange Rs. 2,00,000/- on his own. It has
been further stated in application u/s 145 (2) NI Act that complainant
went
when the accused had claimed in the application moved under Section 145(2) NI Act
that he had repaid ... made repayment of the loan or not.
Application under Section 145(2) NI Act and defence of the accused
12. During trial, the accused moved
Petitioner No. 1 through counsel moved
an application under section 145 (2) NI Act read with section 311
Cr.P.C. for recall of complainant ... dates of
hearing, the petitioner/revisionist filed any application under section
145 (2) NI Act nor made any oral request for granting of opportunity
application u/sec 315 Cr.P.C ., however, the Ld. MM dismissed the
application u/sec 145 (2) NI Act of the petitioner ... legal
position. Any other meaning given to subsection (2) of
section 145 of NI Act by Mr. Ranjit Kumar would make the
provision
with an application
under Section 315 Cr.P.C. On the same date, an application under
Section 145 (2) NI Act was dismissed and application ... again to recall
the respondent No.2/complainant knowing that the earlier
application under Section 145 (2) NI Act already stands dismissed
Section 145(1) of NI Act without having any discretion
in the matter and therefore, if an application is made
under Section 145(2 ... trial process and
therefore Section 143 of NI Act coupled with the
provisions of Section 145 of NI Act allows for the evidence
of complainant
