WP.2550-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 2550 OF 2010 Jaywant Shankar Patil ...Petitioner Vs. Chimne Sanmitra Sahkari Patsanstha Ltd. Mumbai, Kolhapur Branch & Anr. ...Respondents *** Mr. Manoj A. Patil, for the Petitioner. Mr. D. R. More, APP for the Respondent-State. *** CORAM: V. M. KANADE J. DATE : SEPTEMBER 14, 2010 P.C. 1. Heard the learned counsel for the petitioner. The petitioner is aggrieved by the order passed by the trial Court which has rejected his application for recalling the complainant’s witness for cross- examination. 2. A complaint was filed against the present petitioner herein for the offence punishable under S. 138 of the Negotiable Instruments Act. After the statement under S. 313 Cr.P.C. was recorded, the petitioner WP.2550-10 - 2 - filed an application under S. 311 Cr. P.C. for recalling the complainant’s witness for cross-examination. 3. I have perused the impugned order. The trial Court has observed that sufficient opportunity was given to the petitioner to cross- examine the witness and only thereafter the order of ‘no-cross’ has been passed. It is pertinent to note that criminal case is filed in the year 2001 and sufficient opportunity appears to have been given to the petitioner. However, he did not chose to cross-examine the complainant’s witness and therefore, order of ‘no-cross’ was passed. Thereafter even statements of the petitioner under S. 313 Cr.P.C. are recorded. In my view, no case is made out for interference with the impugned order, since sufficient opportunity was given to the petitioner. A criminal case filed under S. 138 of the Negotiable Instruments Act is to be tried as a summary case and even a case filed for the offence under S. 143 of the said Act is supposed to to be disposed of within a month. Since more than ten years have passed in filing the criminal case, it is not possible to accept the submission of the learned counsel for the petition. The writ petition is therefore, dismissed. [ V. M. KANADE J.]