Gopal Mittal vs Proprietor New Indore Earth Movers

S.R. Waghmare, J.—Heard. Petition is taken up for hearing on consent by the present petitioner u/s 482 of the Cr.P.C. the petitioner has challenged order dated 04.06.2013 passed by J.M.F.C. Indore in Criminal Case No. 5024/2010 closing the right of the cross-examination of the petitioner. Counsel submitted that the petitioner was being proceeded against for offence u/s 138 of the Negotiable Instruments Act when by the impugned order dated 04.06.2013, the Court has closed the right of the petitioner to cross-examine the complainant. He, however, candidly admitted that several opportunities were granted by the trial Court to cross-examine the complainant. However on the said date the petitioner was in genuine difficulty since Senior Counsel arguing the matter was not available to conduct the trial. Counsel has candidly admitted that only a single date be granted to examine the complainant and he shall cross-examine the complainant on the said date. Counsel also submitted that the complainant was not cooperating with the petitioner and it was crucial for the petitioner to examine the complainant regarding the bill book. Counsel has also filed the statement of the complainant P.W. 1, which indicates that he has made an admission in para 9 of his statement in Court that he was willing to produce the bill book, if so directed by the Court. Counsel submitted that appropriate directions be issued by the Trial Court for the production of the bill book and he was willing to cross-examine the witness on a single date to be set by the trial Court.

Counsel for the respondent/State on the other hand has opposed the submissions of the Counsel for the petitioner and submitted that the petitioner did not require any sympathy since several opportunities were already granted to the accused in the matter. He prayed for dismissal of the application.

Considering the above submissions and looking to the nature of allegations, I find that fair trial is the right of every accused and since the stage of the trial is at evidence of the defence one opportunity is granted to the petitioner. It is directed in the interest of justice, subject to payment of cost of Rs. 3000/- to be paid to the complainant; the petition is allowed and the trial Court shall grant a single date to the petitioner to cross-examine the complainant after giving the direction to the complainant to also produce the concerned bill book if available in his possession. In view of the aforesaid directions the petition is allowed to the extent hereinabove indicated. C.c. as per rules.