Raju Lalwani vs Narottam Lalawani

Present petition has been filed under Section 482 Cr.P.C. praying that the impugned order dated 12.9.2018 passed by the Special Judicial Magistrate (First Division)(NI Act Cases) No.2, Ajmer, whereby application under Section 311 Cr.P.C. filed by the petitioner was dismissed, be set aside...

Briefly stated, petitioner had issued a cheque in favour of complainant, total amounting to Rs.17,00,000/-. The said cheque on presentation bounced. Resultantly, complainant-respondent filed a complaint in the court of Special Metropolitan Magistrate (First Division) (N.I. Act Cases) No.2, Ajmer. Complainant appeared on various dates, but counsel for the accused-petitioner did not come forward to extend the cross-examination. On 12.9.2018 cross-examination of the complainant was closed.

The court below noted that 27.5.2016 case was fixed for cross-examination of the complainant. The trial court noted that numerous opportunities were given which included opportunity after payment of cost. On 9.5.2017, court has made the cross examination of the complainant NIL.

This is a case where complainant has been harassed. The accused misused the magnanimity of the court. Complainant has been appearing on each and every date, but on one pretext or the other, cross-examination was not carried. The accused simply wanted to delay the proceedings.

At this juncture, learned counsel for the petitioner has submitted that for the act of the counsel, petitioner cannot be made to suffer. It is submitted that if examination-in-chief of the complainant is taken into consideration without cross examination, the petitioner will be left defenceless and shall have no remedy.

Considering the order which this court propose to pass, issuance of notice upon the respondents is dispensed with as issuance of notice will further delay the proceedings and the petitioner will succeed in its game plan to delay the proceedings.

Furthermore, the complainant will be fastened with unnecessary cost and litigation expenses.

After dispensing with issuance of notice upon the respondents, taking into account the fair play and balance of equities, the petitioner is granted one opportunity to cross complainant-respondent subject to payment of cost of Rs.50,000/-. The cost shall be disbursed to the complainant who has been made to suffer. It is ordered that upon deposit of cost by the petitioner within ten days from the date of receipt of certified copy of this order, the trial court, as per its convenience and calendar, shall fix one date for cross-examination of complainant respondent. On that day, counsel for the accused-petitioner shall conclude the cross-examination. However, if due to paucity of time cross-examination of the complainant is not concluded, the trial court shall fix the next day as date for the same.

In view of above, the present petition stands disposed of.