AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
23 paragraphs · 356 wordsSANJEEV SACHDEVA, J.
Petitioner impugns judgment dated 31.01.2018 of the Revisional Court rejecting the Revision Petition of the petitioner impugning order dated
18.08.2017 of the Trial Court dismissing the application of the petitioner under Section 311 of the Code of Criminal Procedure (Cr.P.C.) seeking recall
of the complainant for cross-examination.
Notice was directed to be issued on the respondents. As per the Office Report, notice has been served.
Learned counsel for the petitioner submits that he received telephonic call from Mr Amit Tayal, Advocate, who appears for the complainant in the
Trial Court that he would not be in a position to appear.
There is no representation on behalf of the respondent No.1. Neither his counsel nor authorized represented the respondent No.1 is present despite
service.
Learned counsel for the petitioner submits that subject proceedings emanate out of complaint under Section 138 of the Negotiable Instruments Act,
1881, which is listed on 28.05.2018 for defence evidence.
Learned counsel for the petitioner further submits that the petitioner could not cross-examine the complainant. He submits that the petitioner had
instructed his earlier counsel to appear and diligently defend the complaint, however, counsel failed to crossexamine the witness and even failed to
inform the petitioner that he was not able to cross-examine the said witness. He prays that one opportunity be given to the petitioner to cross-examine
the complainant.
Keeping in view the facts and circumstances of the case, I am of the view that one opportunity be given to the petitioner, subject to terms.
Accordingly, petitioner is granted one opportunity to crossexamine the complainant subject to payment of costs of Rs.15,000/- to be paid to the
respondent.
Since the matter is listed on 28.05.2018, it would be the discretion of the Trial Court to either permit the petitioner to crossexamine the complainant
on 28.05.2018 or fix a date for crossexamination of the complainant.
Both the petitioner as well as the complainant shall be ready for the said purpose on 28.05.2018.
The petition is accordingly allowed in the above terms.
Order Dasti under signatures of the Court Master.