A single judge issued an order allowing an application for recall of the respondent-complainant for cross-examination in proceedings under Section 138 NI Act, setting aside impugned orders that had declined the request.
Impugned orders set aside; recall application allowed subject to payment of ₹25,000/- to respondent-complainant.
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MRS. KRITIMMA DEEP KAUR .....Petitioner Through: Mr. Umesh Sinha and Mr. Anil Kr. Singh, Advocates
versus
SH. TAPESHWAR SINGH SACHDEVA & ANR .....Respondents Through: Mr. Surender Chauhan, Advocate for respondent No. 1 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR
O R D E R % 05.07.2019
Impugned orders of 13th August, 2018 and 20th February, 2019 declined petitioner’s application under Section 311 of Cr. P.C. for recall of respondent-complainant for cross-examination. It is a matter of record that respondent-complainant has not been cross-examined at all. In proceedings under Section 138 of The Negotiable Instruments Act, 1881, the cross-examination of the respondent-complainant is of utmost importance.
Upon hearing and on perusal of impugned orders, I find that for the negligence on the part of petitioner, she can be always put to terms, but the right of cross-examination ought not be declined.
Accordingly, the impugned orders are set aside and petitioner’s application under Section 311 of Cr.P.C. for recall of respondentcomplainant is allowed, subject to payment of cost of ₹25,000/- to
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respondent-complainant before the cross-examination. It is made clear that petitioner will appear before trial court on the date fixed and only one effective opportunity be granted to petitioner to cross-examine respondent-complainant.
With the aforesaid directions, this petition and application are accordingly disposed of.
Dasti.
(SUNIL GAUR) JUDGE
JULY 05, 2019 v
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CRL.M.C. 1503/2019
2 issues framed by the court
Whether applicant's application for recall of complainant under Section 311 Cr.P.C. for cross-examination should be allowed when earlier orders declined it.
Whether the right of cross-examination in Section 138 NI Act proceedings should be declined due to petitioner's negligence.
2 provisions across 2 enactments
Mrs. Kritirma Deep Kaur
Sh. Tapeshwar Singh Sachdeva & Anr
Sunil Gaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
