SILVERTONEMOTORSPVTLTD & ANR v. advanceINDIAPROJECTSLTD & ANR

Delhi High Court · 06 Feb 2019 · 2019:DHC:7637
CHANDERSHEKHAR J
CRL.M.C.615/2019 & CRL.M.A.2537/2019
2019:DHC:7637
criminal appeal_allowed

AI Summary

The Delhi High Court set aside a Magistrate's order denying cross-examination of bank officials, granting one opportunity to the petitioners subject to costs and no further adjournments.

Full Text
Translation output
3^ HIGH COURT OF DELHI
CRL.M.C.615/2019&CRL.M.A.2537/2019
SILVERTONEMOTORSPVTLTD&ANR ....Petitioners
Through: Mr.AnujK.Sinha,Adv.
VERSUS
advanceINDIAPROJECTSLTD.&ANR...Respondents
Through: Appearance notgiven
CRL.M.C.627/2019&CRL.M.A.2576/2019
SILVERTONEMOTORSPVTLTD&ANR ....Petitioners
Through: Mr.AnujK.Sinha,Adv.
VERSUS
advanceINDIAPROJECTSLTD&ANR...Respondents rT-ii i_. A tnrtt rruof^n
Through: Appearance notgiven
CORAM*
HON'BLEMR.JUSTICECHANDERSHEKHAR
0/„ 06.02.2019 rwT.M.C.615/2019&CRL.M A 7A<t7/2019fforstay)
PRI,.M.C.627/2019&CRL.;^->ST6/2019fforstay! 1, Learned counselforthepetitionerssubmittedthatintheinterest ofjustice, the order dated 4.12.2018 passed by the Metropolitan
Magistrate may be set aside and the petitioners may be allowed to cross-examinethebatikofficials CW-3and CW-4.
ORDER

2. Learned counsel for the petitioners further submitted that the petitioners shall summon and serve the aforesaid witnesses on their own responsibility on the same date itself and shall not seek any 2019:DHC:7637 adjournment for the said purpose and the petitioners are ready and willingto bearthe costs ofRs.25,000/-in each petition.

3. Learned counsel for the respondents, after some arguments, submitted that he has no objectioi^a^just to cut short the delay,if the presentpetitions are allowed subjectto heavy costs.

4. In view ofthe aforesaid facts and circumstances as well as no objection from the learned counsel fortherespondents,theimpugned order dated 4.12.2018 is set aside and the petitioners are granted one opportunityto cross-examinethe bank officials,i.e. CW-3and CW-4, subject to costs ofRs.25,000/- in each petition. The petitioners shall summon,serve and produce the aforesaid witnesses before the Trial Court on their own responsibility on the date which shall be fixed by the Metropolitan Magistrate.

5. It is clarified that no further adjournment on any ground whatsoever for the cross-examination ofthe aforesaid witnesses shall be given bythe Metropolitan Magistrate.

6. The petitions stand disposed of in the above terms. All the pending applicationsalso stand disposed of.

FEBRUARY 06,2019/rk CHANDBITSHEKHAR,J