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(2022) Law Today Live Doc. Id. 17131 = 2022(2) 352
Decided on: 15.07.2022
For Petitioner(s):
Mr. Abhishek Atrey, AOR Mr. Ambika Atrey, Adv. Mr. Akash Giri, Adv.
For Respondent(s):
Mr. Sunil Kumar, Adv. Mr. Ankit Dixit, Adv. Mr. Piyush Sharma, Adv. Mr. Tungesh, AOR
Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Cheque bounce case -- Opportunity to cross-examine witness -- Petitioner adopting delaying tactics and wants to prolong the adjudication -- Be that as it may, in the interest of justice, one and last opportunity grated to the petitioner to cross examine subject to payment of cost of Rs.1 lakh to be paid to complainant.
(Para 6-10)
ORDER
1. Issue notice.
2. Mr. Sunil Kumar, learned counsel appearing on behalf of the complainant/respondent no.2 namely, the contesting respondent, accepts notice.
3. Service of notice is thus waived off.
4. We have heard learned counsel for the parties at considerable length and perused the records.
5. We are, prima facie, satisfied that the petitioner is adopting delaying tactics and wants to prolong the adjudication of the Criminal M.C. No. 953 of 2022, filed under Section 138 of the Negotiable Instruments Act.
6. Be that as it may, we, in the interest of justice, are inclined to grant one and last opportunity to the petitioner to cross examine Mr. D. B. Jain, Director of the Complainant Company (Respondent no.2 ).
7. The Trial Court is directed to fix a date after 22nd July, 2022 but before 30th July, 2022 for the purpose of further cross examination of Mr. D. B. Jain, Director of Complainant Company (Respondent no.2 ).
8. It will be the sole responsibility of the petitioner to ensure that his Counsel/ Advocate is present to cross-examine the said witness.
9. We make it clear that no further opportunity, on any grounds, shall be granted to the petitioner to cross-examine.
10. Further, we impose a cost of Rs. 1,00,000/- (Rupees One Lakh Only) upon the petitioner for the aforesaid opportunity. The cost amount shall be paid to the Respondent No.2 (Complainant) by way of Demand Draft in advance, by 22.07.2022.
11. If the petitioner fails to pay the cost as directed above, no opportunity shall be granted to him to cross-examine Respondent No.2 (Complainant).
12. The Trial Court then, shall make an endeavour to decide the complaint on merits as early as possible and preferably by 20.08.2022.
13. With these directions, the Special Leave Petition is disposed of.
14. Pending application(s), if any, shall stand disposed of.
Order accordingly.
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