Sanjay Sehdev v. Indu

Crl. Misc. No. M-34183 of 2018 (O&M) -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-34183 of 2018 (O&M) Date of Decision: 16.8.2018 Sanjay Sehdev ......Petitioner

Versus

Indu .....Respondent CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. Manish Soni, Advocate for the petitioner.

**** ANITA CHAUDHRY, J CRM-28492-2018 Application is allowed and Annexure P-4 (Colly) is taken on record.

CRM-M-34183-2018 The petitioner is seeking quashing of the order dated 28.2.2018 (Annexure P-3) passed by JMIC, Gurugram whereby his evidence has been closed by Court order.

On the last date of hearing, petitioner was asked to place on record the zimni orders which have been filed. Counsel for the petitioner contends that the zimni orders would show that the case had been adjourned from 6.4.2017 till 28.11.2017 only for arguments on the application and the Court thereafter gave only two opportunities within a fortnight for their evidence. The counsel refers to the orders dated 8.2.2018 and 28.2.2018. Counsel also submits that the case is now being adjourned only for arguments and he seeks only one opportunity GURPREET SINGH 2018.08.24 16:23 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-34183 of 2018 (O&M) -2to lead evidence.

Notice is not being issued to the respondent as that would further delay the proceedings.

The petitioner had effectively been afforded two opportunities to lead evidence. I feel that the evidence should not be shut out and the petitioner should be afforded one opportunity but on payment of Rs. 5,000/- as costs as condition precedent and to be paid to the complainant. The petitioner would produce his evidence and would not seek assistance of the Court to summon the witnesses. The Court below would fix one date to enable the petitioner to produce his evidence. The petition is allowed on the above terms.

(ANITA CHAUDHRY) JUDGE August 16, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No GURPREET SINGH 2018.08.24 16:23 I attest to the accuracy and authenticity of this document chandigarh