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CRL.M.C. 2977/2018 &CRL.M.A. 10508/2018
RAJ KUMAR CHQTWANI
Petitioner
Through: Mr. S.N. Pandey and Mr. L.
Ojha, Advs.
Through: Mr. Kamal Kumar Ghei, APP Mr. Anmol Jain, Adv. for R-2
ORDER o/o 12.04.2019
JUDGMENT
1. Learned counsel for the petitioner submitted that the petitioner may be given one more opportunity to cross-examine the respondent No.2 and further submitted that the petitioner shall not seek any adjournment on the date so fixed by the Trial Court for the crossexamination of the respondent No.2, under any circumstance, whatsoever. Learned counsel for the petitioner also submitted that he shall complete the cross-examination of the respondent No.2 on the date so fixed by the Trial Court.The statement of the learned counsel for the petitioner is taken on record and is accepted as an undertaking from the side ofthe petitioner.
2. Learned counsel for the respondent No.2 submitted that in view of the submission of the learned counsel for the petitioner and also just to cut short the delay as well as in the interest ofjustice one more 2019:DHC:7466 opportunity may be given to the petitioner for the cross-examination of respondent No.2 subject to heavy costs. Learned counsel for the respondentNo.2 further submittedthatthe next date ofhearingbefore the Trial Courtis 24.5.2019.
3. Accordingly, in the interest of justice and tatang into consideration the submissions of learned counsel for the parties, the order dated 23.1.2018 passed by the learned Metropolitan Magistrate, North-West, Rohini, Delhi is set aside and the petitioner is granted one more opportunity to cross-examine the respondent No.2. The Trial Court is directed to fix adate for the cross-examination of respondent No.2 on the next date of hearing subject to costs of Rs.15,000/- upon the petitioner in each petition. It is clarified that no adjournment, under any circumstances, will be granted by the Trial court to the petitioner on the date so fixed for the purpose of crossexamination ofrespondentNo.2. The petitionershall remain bound by the statement of his counsel that the cross-examination shall be concluded by the petitioner on the date so fixed by the Trial Court.
4. The petitions are disposed of. Pending applications also stand disposed of.
CHANDER SHEKHAR, J APRIL 12, 2019