1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No.361 of 2010 (Shri Rajesh s/o Laxmanrao Vispute v. Shri Narottam Prasad Badrinarayan Chejjara @ Kumawat) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri R.S. Dhore, Advocate for Petitioner. Coram : R.M. Borde, J. Dated : 28 th July, 2010 The petitioner/accused is raising exception to the order passed by the learned 25 th Judicial Magistrate First Class (Special Court under Section 138 of the Negotiable Instruments Act), Nagpur, on 15-2-2010, in Criminal Complaint No.12927 of 2008. In a peculiar situation, the learned Magistrate was required to direct recording of cross-examination of the witness, i.e. the complainant. It transpires that the cross-examination of the complainant was recorded on 4-5-2009 by the predecessor of the Presiding Officer. However, because of the technical problem in the computer, the whole date got vanished. The Court Stenographer, therefore, could not secure the print of the record, which has prompted the learned Magistrate to pass the impugned order. In the circumstances as stated in the order, there was no other alternative except to direct recording of the cross-examination of the complainant once again. So far as the lapse committed by the concerned Stenographer is concerned, it would be for the learned Sessions 2 Judge to enquire into the matter and take appropriate action. The occurrence of technical snag in the computer and the destruction of the record does not appear to have been brought to the notice of the learned Sessions Judge. The matter is of a serious concern and it ought to have been enquired into. It was in fact the responsibility of the Presiding Officer to bring this lapse to the notice of the learned Sessions Judge. Anyway, it is expected that the learned Sessions Judge would look into the matter and take appropriate action. So far as the impugned order passed by the learned Judicial Magistrate First Class is concerned, it does not call for interference. The criminal writ petition stands rejected. The copy of this order be transmitted to the Sessions Judge, Nagpur. Judge. pdl.