High Court of Punjab and HaryanaCRM-M/8018/2016disposed of

Anik Dutta v. Parveen Shori

2017-09-04Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-8018 of 2016 -1In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No. M-8018 of 2016 Date of Decision: 04.9.2017 Anik Dutta .....Petitioner

Versus

Parveen Shori .....Respondent CORAM: HON'BLE MR. JUSTICE HARI PAL VERMA

Present:

Mr. Gurmeet Singh, Advocate for the petitioner.

**** HARI PAL VERMA, J. (ORAL) Prayer in this petition filed under Section 482 Cr.P.C. is for setting aside the impugned order dated 5.1.2016 (Annexure P-3) passed by the Judicial Magistrate Ist Class, Khanna in a complaint bearing No. NACT/115/15 titled 'Mrs. Parveen Shori versus Anik Dutta', under Section 138 of the Negotiable Instruments Act ('Act' for short) whereby the application moved by the petitioner under Section 145(2) of the Act to allow the cross-examination of the complainant, was dismissed. Mr. Pankaj Bali, Advocate has put in appearance on behalf of the respondent and filed memo of appearance, which is taken on record. Vide order dated 05.1.2016, the learned Judicial Magistrate Ist Class has noticed that the very purpose for filing the application by the petitioner under Section 145(2) of the Act is just to delay the trial in the complaint and, therefore, the petitioner cannot be afforded opportunity to cross-examine the complainant.

Learned counsel for the respondent has fairly submitted that Gurpreet Singh Bhatia 2017.09.06 14:23 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-8018 of 2016 -2though, the very purpose for filing the application is to delay the trial, however, the respondent-complainant has no objection in case one effective opportunity is granted to the petitioner to cross-examine the respondentcomplainant. I have heard learned counsel for the parties. Considering the fair stand of the respondent-complainant that he has no objection in case one opportunity is granted to the petitioner to cross-examine the respondent-complainant, the present petition is disposed of with the direction to the trial Court to afford one effective opportunity to the petitioner to cross-examine the respondent-complainant. (HARI PAL VERMA) JUDGE September 04, 2017 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2017.09.06 14:23 I attest to the accuracy and authenticity of this document Chandigarh