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High Court of DelhiCRL.M.C./3940/2019

Achint Gupta v. Radhey Shyam Goyal

2019-10-11Hon'Ble Mr. Justice Chander Shekhar2 pages

(9 $-40 & *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3495/2019 & CRL.M.A. 31572/2019 ACHINT GUPTA Petitioner Through:

Mr. Nasir Aziz and Mr. Fuzail Abbasi, Advs.

versus RADHEY SHYAM GOYAL Respondent Through:

Mr. Sumit Gupta, Adv.- + CRL.M.C. 3940/2019 & 33231/2019 / ACHINT GUPTA Petitioner Through:

Mr. Nasir Aziz and Mr. Fuzail Abbasi, Advs.

versus RADHEY SHYAM GOYAL Respondent Through:

Mr. Sumit Gupta, Adv.

CORAM:

HON'BLE MR.

JUSTICE CHANDER SHEKHAR

ORDER

% 11.10.2019 1.

Learned counsel for the petitioner submitted that for the cause ^ submitted in the petition that he may be given one opportunity to cross-examine the complainant, subject to any costs and assured the Court that he shall cross-examine the complainant, and not take any adjournment on the next date of hearing before the Trial Court. 2.

Learned counsel for the respondent submitted that just to cut short the delay, the impugned orders 28.03.2019 and 22.07.2019 may be set aside subject to heavy cost and the petitioner may be granted only one opportunity to cross-examine the complainant. 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.

3.

In view of the aforesaid circumstances, orders dated 28.03.2019 and 22.07.2019 are set aside subject to costs of Rs.25,000/-. 4.

The petitioner is granted one last opportunity to cross-examine the complainant on the next date fixed whieh would be fixed by the Trial Court. He shall examine all the witnesses in one day itself on his own responsibility whenever the case is fixed for evidence of the petitioner.

5.

Accordingly, the Trial Court is directed to allow the petitioner ji to cross-examine the complainant on the date so fixed by it and also allow the petitioner to lead his evidence in his defence on the next '2 date thereafter.

6.

No adjournment shall be granted to the petitioner under any circumstances;

7.

Trial Court shall fix a short date for cross-examination of complainant and evidence of the petitioner.

8.

The petition is accordingly disposed of.

CHANDipj^^EKHAR, J OCTOBER 11, 2019/ssc