Partly allowed

Ramesh Chander Goyal & Anr. v. M/S Leo Ispat Ltd.

Delhi HC5 Jan 2024CRL.M.C./93/2024

Case brief

AI extract

What is this about?

The High Court partly allowed a Section 482 CrPC petition challenging refusal to examine defence witnesses. It directed examination of one witness immediately and produced the rest on a fixed date, directing no further opportunities beyond what is now allowed, settling the matter with parties' consent.

What did the court decide?

The petitioner was directed to examine one witness immediately and produce the remaining two witnesses on a date fixed by the trial court, with a final direction that no further opportunities for exam

Ramesh Chander Goyal & Anr. Vs M/S Leo Ispat Ltd. — Civil Procedure and Limitation | Delhi HC (2024)

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$~34

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 93/2024 & CRL.M.A. 380-81/2024

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RAMESH CHANDER GOYAL & ANR. ..... Petitioners

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Through: Mr. Mohit Chaudhary, Mr. Kunal Sachdeva & Ms. Srishiti Bajpai, Advs.

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versus

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M/S LEO ISPAT LTD ..... Respondent Through: Mr. Noor Shergill & Ms. K. Agarwal, Advs.

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CORAM: HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R % 05.01.2024

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The present petition under Section 482 of the Cr.P.C. seeks the following prayers:-

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“It is, therefore, most respectfully prayed that this Hon'ble Court may kindly:-

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a) Set aside the impugned order dated 16.12.2023 and 09.11.2023 passed by Shri Bharat·Aggarwal, Ld. M.M.-01, N.I. Act, South District, Saket Courts, New Delhi in C.C. No.475248/2016 titled as Leo I spat Ltd. V s. Ramesh Chander Goyal & others whereby the application of the petitioners under section 311 Cr.P.C. was dismissed and consequently

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b) Permit the petitioners to examine the remaining three defence witnesses as per the list of witnesses and permitted vide order dated 17.02.2023 passed by the Trial Court.

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c) This Hon'ble Court may also pass any other or further order/s which this Hon'ble Court deem fit and proper in the interest of justice and in the facts and circumstances of the case.”

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Learned counsel for the petitioner submits that three witnesses remain

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/05/2024 at 15:00:05

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to be examined and last opportunity be given. The said witnesses will be examined on the date fixed by the learned Metropolitan Magistrate with the consent of parties and no adjournment will be sought. Learned counsel for the respondent on advance notice submits that vide order dated 17.02.2023, it was made clear to the petitioners that they will be given two opportunities for summoning the witnesses in their defence and record evidence for the same.

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Be that as it may, with the consent of parties, the petition is disposed of with the following directions:-

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(i) The petitioner shall examine Ajay Ashok Rohil at Sr. No.1, on 08.01.2024, i.e., the next date fixed before the learned Trial Court. (ii) The remaining two witnesses shall be produced for examination on a date fixed for the said purpose by the learned Metropolitan Magistrate, with the consent of parties.

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(iii) It is directed that no further opportunity shall be given to the petitioner to examine the witnesses in their defence.

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With the aforesaid directions, the petition is partly allowed and disposed of.

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Pending applications, if any, also stand disposed of.

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Order be uploaded on the website of this Court, forthwith.

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Copy of the order be sent to the concerned Trial Court, for necessary information and compliance.

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AMIT SHARMA, J

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JANUARY 5, 2024/nk

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/05/2024 at 15:00:05

Ramesh Chander Goyal & Anr. v. M/S Leo Ispat Ltd.

Case brief

What is this about?

What did the court decide?

Ramesh Chander Goyal & Anr. v. M/S Leo Ispat Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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