Vishal Sehgal v. Gopal Lal Bhartiya

$~18 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3485/2017 VISHAL SEHGAL ..... Petitioner Through:

Mr. Mahavir Sharma, Advocate versus GOPAL LAL BHARTIYA ..... Respondent Through:

Mr. Vimal Kumar, Advocate

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 13.09.2017 Learned counsel for the petitioner submits that the petitioner wants to examine only one witness i.e. Handwriting Expert on the next date of hearing i.e. on 27th September, 2017 and further submits that he will not seek any further adjournment on this account. He prays that impugned orders dated 30th May, 2017 and 3rd July, 2017 be set aside and the present petition be allowed. Learned counsel for the complainant opposes the petition. However, he submits that if at all this petition is to be allowed, same should be subject to heavy cost.

Looking into the above facts and circumstances, the present petition is allowed and impugned orders dated 30th May, 2017 and 3rd July, 2017 are set aside to the extent that the petitioner is given one more opportunity to examine the Handwriting Expert on the next date of hearing i.e. on 27th September, 2017 failing which his right to examine the Handwriting Expert shall deemed to be closed.

Court below is directed to summon the Handwriting Expert for the said date on filing of PF by the petitioner. Instant petition stands disposed of in the above terms. Copy of order be sent to the trial court forthwith. Copy of order be given dasti to the parties.

I.S.MEHTA, J SEPTEMBER 13, 2017 sm