Abhishek Verma v. Ominder Kumar

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1400/2024, CRL.M.A. 5540/2024 ABHISHEK VERMA ..... Petitioner Through:

Mr. Rachit Batra and Mr. Sahil Ralli, Advocates.

versus OMINDER KUMAR ..... Respondent Through:

Mr. Abhishek Sharma, Advocate.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 01.03.2024 1.

Petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner for quashing of Complaint No. 4092/2018, under Section 138 read with Section 142 of NI Act titled as 'Ominder Kumar vs. Abhishek Verma' and setting aside order dated 14.12.2023, whereby the right of petitioner to cross-examine the complainant has been closed and the matter has been fixed for statement of accused. 2.

Vide order dated 21.02.2024, the notice was only directed to be issued for granting further opportunity to the petitioner to cross-examine the complainant.

3.

Considering the facts and circumstances of the case, one opportunity shall be granted to the petitioner to cross-examine the complainant on the next date of hearing fixed before learned Trial Court, i.e. 02.03.2024, subject to payment of cost of Rs. 5,000/- to respondent. However, learned Trial Court shall be at liberty to defer the cross-examination, if the circumstances so warrant.

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 02/03/2024 at 11:48:51

4.

Order dated 14.12.2023 passed by the learned Trial Court is set aside. Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

A copy of this order be forwarded to learned Trial Court for information.

ANOOP KUMAR MENDIRATTA, J.

MARCH 01, 2024/R 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 02/03/2024 at 11:48:51