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High Court of DelhiCRL.M.C./3137/2019

Anupama Sachdeva v. State & ANR.

2019-10-21Hon'Ble Mr. Justice Chander Shekhar2 pages

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3137/2019 & CRL.M.A. No.12915/2019 ANUPAMA SACHDEVA ..... Petitioner Through:

Mr.Viplav Sharma, Adv.

versus STATE & ANR.

..... Respondents Through:

APP for the State/R-1.

Mr.Pankaj Bagga with Mr.Aditya, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 21.10.2019 1.

Learned counsel for the petitioner submitted that he does not wish to file the rejoinder. Accordingly, the right of the rejoinder to file the rejoinder is closed.

2.

Learned counsel for the petitioner further submitted that he has to put only two suggestions to the witness CW-1 as follows:- "(1) That you were aware that the accused was at Jodhpur on the date of execution of the subject agreement to sell executed by her at New Delhi, as falsely alleged by you in the complaint.

(2) That you were aware of the whatsapp chat between you and the accused, evidencing that the accused was in Jodhpur on the alleged date of execution of the subject agreement to sell and the complaint has been filed within your said full knowledge and with false statement."

3.

Counsel also submits that apart from the aforesaid two

suggestions, he does not want to ask any other question from CW-1 and he is ready to bear the cost for delay, if any, in this matter. 4.

Learned counsel for respondent No.2 though opposes the prayer made, however, he submits that in the interest of justice and just to avoid any further delay in the matter, the same may be allowed subject to heavy cost.

5.

Accordingly, in the interest of justice and in view of the aforesaid circumstances, the petitioner is allowed to put the aforesaid two suggestions to CW1 in the cross-examination on the next date of hearing, subject to costs of Rs.20,000/-.

6.

CW1 shall remain present on the next date of hearing i.e. 02.11.2019, which is already fixed by the Trial Court, for his further cross-examination when the petitioner will put these suggestions to the witness CW1 and thereafter, the Trial Court shall proceed further in the matter.

7.

It is clarified that no further adjournment shall be granted to the petitioner under any circumstances.

8.

The petition is accordingly disposed of. Pending application also stands disposed of.

9.

Dasti.

CHANDER SHEKHAR, J.

OCTOBER 21, 2019 neelam