Achint Gupta v. Radhey Shyam Goyal

1. Learned counsel for the petitioner submitted that for the cause ^ submitted in the petition that he may be given one opportunity to cross-examine the complainant, subject to any costs and assured the Court that he shall cross-examine the complainant, and not take any adjournment on the next date ofhearing before the Trial Court.

2. Learned counsel for the respondent submitted that just to cut short the delay,the impugned orders 28.03.2019 and 22.07.2019 may be set aside subject to heavy cost and the petitioner may be granted only one opportunity to cross-examine the complainant. 2019:DHC:7519

3. In view ofthe aforesaid circumstances,orders dated 28.03.2019 and 22.07.2019 are set aside subjectto costs ofRs.25,000/-.

4. The petitioner is granted one last opportunity to cross-examine the complainant on the next date fixed whieh would be fixed by the Trial Court. He shall examine all the witnesses in one day itselfon his own responsibility whenever the case is fixed for evidence of the petitioner.

5. Accordingly, the Trial Court is directed to allow the petitioner ji to cross-examine the complainant on the date so fixed by it and also allow the petitioner to lead his evidence in his defence on the next '2 date thereafter.

6. No adjournment shall be granted to the petitioner under any circumstances;

7. Trial Court shall fix a short date for cross-examination of complainant and evidence ofthe petitioner.

8. The petition is accordingly disposed of. CHANDipj^^EKHAR,J