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$-34 HIGH COURT OF DELHI
CRL.M.C.2836/2019 i& Crl.M.As.11487-88
VARUN KALRA Petitioner
Through: Mr.InsaafAggarwal,Advocate
CRL.M.C.2836/2019 i& Crl.M.As.11487-88
VARUN KALRA Petitioner
Through: Mr.InsaafAggarwal,Advocate
VERSUS
GRANDER KANT MISHRA Respondent
Through: Nemo.
Through: Nemo.
CORAM:
HON'BLE MR.JUSTICE SUNIL GAUR
27.05.2019 Vide impugned order of E'May,2019,trial court has granted one opportunity to respondent-complainant for being cross-examined in proceedings under Section 138 ofThe NegotiableInstruments Act, 1881.
Petitioner's counsel assails the impugned order on the ground that the trial court vide order of 12"" March,2019 had closed complainant's evidence and it has no power to recall the order of 12"^ March,2019,as it had attained finality.
Upon hearing, I find that due to non-appearance of respondent- complainant before the trial court, he could not be cross-examined but on the same day,application under Section 311 Cr.P.C.for recalling oforder was filed and vide impugned order of U'May,2019,one opportunity to cross-examine respondent-complainant has been granted.
Finding no error in the impugned order of U' May, 2019, this petition and the applications are dismissed.
(SUNIL GAUR)
JUDGE
MAY 27,2019 2019:DHC:7469
27.05.2019 Vide impugned order of E'May,2019,trial court has granted one opportunity to respondent-complainant for being cross-examined in proceedings under Section 138 ofThe NegotiableInstruments Act, 1881.
Petitioner's counsel assails the impugned order on the ground that the trial court vide order of 12"" March,2019 had closed complainant's evidence and it has no power to recall the order of 12"^ March,2019,as it had attained finality.
Upon hearing, I find that due to non-appearance of respondent- complainant before the trial court, he could not be cross-examined but on the same day,application under Section 311 Cr.P.C.for recalling oforder was filed and vide impugned order of U'May,2019,one opportunity to cross-examine respondent-complainant has been granted.
Finding no error in the impugned order of U' May, 2019, this petition and the applications are dismissed.
(SUNIL GAUR)
JUDGE
MAY 27,2019 2019:DHC:7469
JUDGMENT