Mrs. Kritimma Deep Kaur v. Sh. Tapeshwar Singh Sachdeva & ANR

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1503/2019 & CRL.M.A. 5960/2019 MRS. KRITIMMA DEEP KAUR .....Petitioner Through:

Mr. Umesh Sinha and Mr. Anil Kr.

Singh, Advocates versus SH. TAPESHWAR SINGH SACHDEVA & ANR .....Respondents Through:

Mr. Surender Chauhan, Advocate for respondent No. 1

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 05.07.2019 Impugned orders of 13th August, 2018 and 20th February, 2019 declined petitioner's application under Section 311 of Cr. P.C. for recall of respondent-complainant for cross-examination. It is a matter of record that respondent-complainant has not been cross-examined at all. In proceedings under Section 138 of The Negotiable Instruments Act, 1881, the cross-examination of the respondent-complainant is of utmost importance.

Upon hearing and on perusal of impugned orders, I find that for the negligence on the part of petitioner, she can be always put to terms, but the right of cross-examination ought not be declined. Accordingly, the impugned orders are set aside and petitioner's application under Section 311 of Cr.P.C. for recall of respondentcomplainant is allowed, subject to payment of cost of ₹25,000/- to CRL.M.C. 1503/2019

respondent-complainant before the cross-examination. It is made clear that petitioner will appear before trial court on the date fixed and only one effective opportunity be granted to petitioner to cross-examine respondent-complainant.

With the aforesaid directions, this petition and application are accordingly disposed of.

Dasti.

(SUNIL GAUR) JUDGE JULY 05, 2019 v CRL.M.C. 1503/2019