Iramya Developers Pvt Ltd & ANR. v. Rohit Chaudhary

$~32 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3724/2025 & CRL.M.A. 16369/2025 IRAMYA DEVELOPERS PVT LTD & ANR.

.....Petitioners Through:

Mr. Rajat Katyal & Mr.

Sparsh Agarwal, Advs.

versus ROHIT CHAUDHARY .....Respondent Through:

Mr. H.S. Yadav, Adv.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 20.08.2025 1.

This Court by order dated 26.05.2025, while issuing notice to the respondent/ complainant, noted that the right of the petitioners to cross examine the complainant was closed vide order dated 24.03.2023 passed by the learned Trial Court even though the complainant had still not tendered his evidence. 2.

By the impugned order dated 24.03.2025 passed by the learned Trial Court, the application filed by the petitioners under Section 311 of the Code of Criminal Procedure, 1973 ('CrPC'), was dismissed.

3.

Learned counsel for the petitioners submits that one last opportunity may be granted to cross examine the complainant and he undertakes that no unwarranted adjournment will be taken.

4.

It is pointed out that the matter is listed before the learned Trial Court on 26.08.2025.

5.

Learned counsel for the complainant states that the 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 25/08/2025 at 11:53:59

complainant will appear before the learned Trial Court on that date and subject to the Court permitting, the evidence will be tendered on that day itself.

6.

In view of the above, this Court is of the opinion that since the matter has not proceeded much, one last opportunity ought to be granted to the petitioners to cross examine the complainant on adequately compensating him for the delay caused upto now. 7.

If the learned Trial Court is able to take the evidence of the complainant on 26.08.2025, it is requested that the petitioners, subject to the availability of the time, be permitted to cross examine the complainant on the said date itself. 8.

If for some reason, the cross examination could not be concluded on the said date, the learned Trial Court is requested to expediate the cross examination and not grant unwarranted adjournments to any of the parties. The petitioner is also directed to pay a compensation of ₹40,000/- to the respondent on the next date before learned Trial Court.

9.

The petition is allowed with the aforesaid observations and the impugned order dated 24.03.2025 passed by the learned Trial Court, is set aside.

AMIT MAHAJAN, J AUGUST 20, 2025 "SK"

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 25/08/2025 at 11:53:59