Saira Bano vs Jalnoor Begum

This Petition has been filed against the order dated 20.10.2022 passed by JMFC, Raipur in Criminal Complaint Case No.3893/2019 whereby, the opportunity for cross-examination of the Respondent/Complainant has been closed.

Brief Facts of the case are that the Respondent/Complainant has instituted a complaint case under Section 138 of Negotiable Instruments Act against the Petitioner on 03.01.2017 and the Respondent/Complainant was examined on 03.03.2020. Thereafter, several opportunities were given to the Petitioner for cross-examining the Respondent/Complainant. On the date of hearing i.e. 20.10.2022, Counsel for the Petitioner again sought time for cross-examination of the Respondent/Complainant and the Court below, while observing that several opportunities have already been given to the Petitioner and also considering that the Petitioner has filed the litigation just to delay the trial, had closed the opportunity for cross-examination of the Respondent/Complainant.

Ms Sharma submits that as a last indulgence, one opportunity may be given for cross-examining the Respondent/Complainant as the Petitioner has a good case to succeed and for the fault of the Counsel for the Petitioner for not cross-examining the Respondent/Complainant, a good case cannot be closed. She further submits that though the Counsel was required to assist the Court in a proper manner, but due to Covid Pandemic situation, dates were extended. Lastly, she submits that to meet the ends of justice, only one opportunity may be provided for cross-examination of the Respondent/Complainant.

Having considered the submissions of learned Counsel for the Petitioner that for the fault of the Counsel for not cross-examining a witness, a good lis should not be dropped without considering the same on merits, therefore, this Court directs that on payment of cost of Rs.5,000/- payable by the Petitioner to the Respondent/Complainant as a pre-condition, which shall be deposited within 7 days before the same Court, the said Court shall fix a date within a period of 21 days from the date of passing of this order to cross-examine the Respondent/Complainant failing which, the opportunity shall be closed.

With the aforesaid observation, the Petition stands disposed of.

A copy of this order be sent to the concerned Court for necessary compliance.