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High Court of DelhiCRL.M.C./2838/2018

Jaspal Singh Chabra v. Pankaj Gupta

2019-04-12Hon'Ble Mr. Justice Chander Shekhar2 pages

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2838/2018 JASPAL SINGH CHABRA ..... Petitioner Through:

Mr. Pandey Sangeet Rai and Mr. Anirudh Sharma, Advs.

versus PANKAJ GUPTA ..... Respondent Through:

Mr. R.K. Gupta, Adv.

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 12.04.2019 1.

Learned counsel for the petitioner submitted that he has gone through the judgment passed in Crl.Rev.P. No.41/2019 "Vijay Gupta vs. Development Credit Bank Ltd. & Ors." by this Court. 2.

Learned counsel for the petitioner further submitted that the impugned order dated 22.1.2018 may be set aside and the petitioner may be given one more opportunity to cross-examine the complainant (respondent herein). It is also submitted by the learned counsel for the petitioner that the petitioner shall not seek any adjournment on the date so fixed by the Trial Court for the cross-examination of the respondent, under any circumstance, whatsoever. It is further submitted that he shall complete the cross-examination of the respondent on the date so fixed by the Trial Court. The statement of the learned counsel for the petitioner is taken on record and is accepted as an undertaking from the side of the petitioner.

3.

Learned counsel for the respondent submitted that in view of the submissions of the learned counsel for the petitioner and also just to cut short the delay as well as in the interest of justice one more opportunity may be given to the petitioner for the cross-examination of the respondent. Learned counsel for the respondent further submitted that the next date of hearing before the Trial Court is 30.4.2019.

4.

Accordingly, in the interest of justice and taking into consideration the submissions of the learned counsel for the parties, the impugned order dated 22.1.2018 is set aside and the petitioner is granted one more opportunity to cross-examine the respondent. The Trial Court is directed to fix a date for the cross-examination of the respondent on the next date of hearing, in accordance with law. It is clarified that no adjournment, under any circumstances, will be granted by the Trial court to the petitioner on the date so fixed for the purpose of cross-examination of the respondent. The petitioner shall remain bound by the statement of his counsel that the crossexamination shall be concluded by the petitioner on the date so fixed by the Trial Court.

4.

The petition is disposed of.

CHANDER SHEKHAR, J APRIL 12, 2019/rk