Srikant Biswas v. Raj Kumar

$~8 *IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 529/2018 & CRL.M.A. 11203/2018 SRIKANT BISWAS ..... Petitioner Through:

Mr. Shahid Azad and Mr.M.A.Inayati, Advs.

versus RAJ KUMAR ..... Respondent Through:

Mr. Sarbjeet Singh Bawa and Mr.Anubhav Gupta, Advs. with respondent in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 16.11.2018 1.

The petitioner has filed the present Criminal Revision Petition under Section 397 of the Code of Criminal Procedure, 1973 (Cr.P.C.) against the order dated 2.5.2018 passed by learned MM/NI Act/South East, Saket Courts in CC No.612483/16 titled as Raj Kumar v. Srikant Biswas.

2.

Learned counsel for the respondent, after some arguments, submitted that just to cut short the delay and to expedite the proceedings, he has no objection in case one opportunity is granted to the petitioner to cross-examine the complainant subject to heavy costs. 3.

In view of the grounds stated in the revision petition as well as the no objection from the learned counsel for the respondent, the impugned order dated 2.5.2018 is set aside and the petitioner is granted one opportunity to cross-examine the complainant subject to

cost of Rs.5,000/-.

4.

It is clarified that no further opportunity, on any ground, shall be given to the petitioner in case he fails to cross-examine the complainant on the date fixed before the learned Metropolitan Magistrate.

5.

The case before the learned MM is stated to be fixed for 28.11.2018.

6.

The revision petition and Crl.M.A.11203/2018 is disposed of in the above terms.

CHANDER SHEKHAR, J NOV EMBER 16, 2018/rk