Disposed¶22

Ashlesh Kumar Garg v. Rahul Sharma

Delhi HC9 Jan 2025CRL.M.C./7696/2023

Case brief

AI extract

What is this about?

Section 482 CrPC; Article 227 Constitution of India; CRL.M.C.; cross-examination of CW-1; last and final opportunity; witness non-appearance before Trial Court; cost of Rs. 25,000; Complaint Case No.536811/2016; Rahul Sharma vs Ashlesh Kumar Garg; consent order; no adjournment; right of cross-examination closed on default; Delhi High Court; Amit Sharma; January 2025.

What did the court decide?

Petition disposed of with the parties' consent: CW-1 directed to appear before the Trial Court on 15.01.2025 for cross-examination on that very date without adjournment, subject to payment of Rs. 25,000/- cost to the respondent; non-payment would close the petitioner's right of cross-examination. The impugned Trial Court orders were not set aside. ¶22

Ashlesh Kumar Garg Vs Rahul Sharma — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned orders dated 19/05/2023 and 08.08.2023 passed by the learned Trial Court in Complaint Case No.536811/2016 should be set aside. +1 more

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Ratio / Principle

By consent of the parties, CW-1 Mr. Rahul Sharma was directed to appear before the concerned Trial Court on 15.01.2025.

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Key takeaways

The learned Trial Court was directed to ensure that the cross-examination of CW-1 is conducted on 15.01.2025 itself and that no adjournment shall be granted.ratio¶19
The direction permitting cross-examination of CW-1 is conditional on payment of a cost of Rs. 25,000/- by the petitioner to the respondent before the learned Trial Court.ratio¶20
If the cost is not paid, the petitioner's right to cross-examine CW-1 Mr. Rahul Sharma shall stand closed.ratio

Detailed headnote1 paragraphs

Delhi High Court (Amit Sharma, J.), CRL.M.C. 7696/2023 & CRL.M.A. 28667/2023, decided 09.01.2025: A petition under Section 482 of the CrPC read with Article 227 of the Constitution of India by Ashlesh Kumar Garg sought to set aside Trial Court orders dated 19.05.2023 and 08.08.2023 in Complaint Case No.536811/2016 (Rahul Sharma vs Ashlesh Kumar Garg) and an opportunity to cross-examine Respondent Witness CW-1, whose repeated non-appearance had led to imminent closure of the cross-examination right. With the consent of the parties, the Court directed CW-1 to appear before the Trial Court on 15.01.2025, ordered that cross-examination be completed the same day with no adjournment, subject to payment of Rs. 25,000/- cost to the respondent; failure to pay would close the petitioner's right to cross-examine CW-1. The petition stands disposed of; the impugned orders were not set aside.

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$~57

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7696/2023 & CRL.M.A. 28667/2023

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ASHLESH KUMAR GARG .....Petitioner

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Through: Mr. Ashish Chauhan, Adv. versus

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RAHUL SHARMA .....Respondent Through: Mr. Raj Kumar and Mr. B C Sharma Advs.

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CORAM:

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HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R % 09.01.2025

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This hearing has been done through hybrid mode.

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The present petition under Section 482 of the CrPC read with Article

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227 of the Constitution of India seeks the following prayers: -

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“A. Set aside the impugned orders dated 19/05/2023 & 08.08.2023 passed by the court of Ld. Trial Court in the Complaint Case No.536811/2016 titled as "Rahul Sharma vs Ashlesh Kumar Garg"; and B. Grant an opportunity to the Petitioner to cross examine the Respondent Witness (CW-1), Mr. Rahul Shanna; and Pass any other order as this Hon'ble Court deems fit and proper in view of the said facts and circumstances.”

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Learned counsel appearing on behalf of the petitioner submits that last and final opportunity may be granted for examining CW-1, Rahul Sharma. It is further submitted that prior to the closing the right of cross-examination of CW-1, the latter has not been appearing before the learned Trial Court.

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Be that as it may, with the consent of the parties, the following order is passed: -

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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 24/01/2025 at 12:58:03

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(i) CW-1, Mr. Rahul Sharma, shall appear before the concerned Trial Court on 15.01.2025.

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(ii) The learned Trial Court shall ensure that the cross-examination of CW-1 is conducted on the said date and no adjournment shall be granted.

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(iii) The aforesaid direction is subject to payment of cost of Rs. 25,000/- to the respondent before the learned Trial Court.

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It is made clear that if the cost is not paid then, the right of the petitioner to cross-examine CW-1, Mr. Rahul Sharma, shall stand closed.

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The petition stands disposed of in the aforesaid terms.

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Copy of the order be communicated to the learned Trial Court for necessary information and compliance.

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Order be uploaded on the website of this Court forthwith .

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AMIT SHARMA, J

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JANUARY 9, 2025/ nk

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Click here to check corrigendum, if any

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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 24/01/2025 at 12:58:03

Ashlesh Kumar Garg v. Rahul Sharma

Case brief

What is this about?

What did the court decide?

Ashlesh Kumar Garg v. Rahul Sharma

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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