A criminal complaint case under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the ‘Act’) was filed by the complainant (respondent herein) against the accused (applicant herein) in the court of Judicial Magistrate, Roorkee in the year 2008. On 15.03.2011, the trial court observed that the complainant was unnecessarily lingering the case and, therefore, opportunity to lead further evidence was closed to the complainant. The complainant filed an application under Section 311 Cr.P.C. for setting aside the order dated 15.03.2011. Such application was allowed on payment of cost of Rs.2,000/- and 20.09.2013 was fixed for crossexamination of PW1 and for production of remaining evidence. On 20.09.2013, the personal attendance of both the parties was exempted through their counsel since the Advocates abstained from court work, therefore, 10.10.2013 was fixed for cross-examination of PW1. On 10.10.2013, the application for adjournment moved on behalf of the applicant was further allowed on payment of Rs.2000/- to the accused. It was further directed by the trial court on 10.10.2013 that the next date fixed for crossexamination is 28.10.2013, on which date, personal attendance of the complainant will not be exempted and if he does not appear for cross examination, his (complainant’s) evidence was stand closed. On 28.10.2013, the complainant did not turn up before the trial court for crossexamination, as a consequence of which, his evidence was closed and the case was listed under Section 311 Cr.P.C. on 16.11.2013.
