High Court of DelhiW.P.(CRL)/2836/2019

Varun Kalra v. Chander Kant Mishra

2019-05-27Hon'Ble Mr. Justice Sunil Gaur1 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2836/2019 i& Crl.M.As. 11487-88 VARUN KALRA Petitioner Through:

Mr. Insaaf Aggarwal, Advocate

Versus

GRANDER KANT MISHRA Respondent Through:

Nemo.

CORAM:

HON'BLE MR.

JUSTICE SUNIL GAUR

ORDER

% 27.05.2019 Vide impugned order of E' May, 2019, trial court has granted one opportunity to respondent-complainant for being cross-examined in proceedings under Section 138 of The Negotiable Instruments Act, 1881. Petitioner's counsel assails the impugned order on the ground that the trial court vide order of 12"" March, 2019 had closed complainant's evidence and it has no power to recall the order of 12"^ March, 2019, as it had attained finality.

Upon hearing, I find that due to non-appearance of respondentcomplainant before the trial court, he could not be cross-examined but on the same day, application under Section 311 Cr.P.C. for recalling of order was filed and vide impugned order of U' May, 2019, one opportunity to cross-examine respondent-complainant has been granted. Finding no error in the impugned order of U' May, 2019, this petition and the applications are dismissed.

(SUNIL GAUR) JUDGE MAY 27, 2019 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.