M/S ADITOL LUBRICANTS LTD. v. STATE

Delhi High Court · 09 Jan 2017 · 2017:DHC:117
S.P. Garg
Crl.M.C. 1734/2016
2017:DHC:117
criminal appeal_allowed

AI Summary

The High Court allowed the petitioner’s Section 482 Cr.P.C. petition to recall the complainant for cross-examination under Section 311 Cr.P.C. subject to payment of costs, ensuring a fair trial while preventing undue delay.

Full Text
Translation output
Crl.M.C.1734/2016 HIGH COURT OF DELHI
Date of Decision: JANUARY 09, 2017
CRL.M.C. 1734/2016 & Crl.M.A.7371/2016
M/S ADITOL LUBRICANTS LTD. ..... Petitioner
Through : Ms.Kajal Chandra, Advocate.
VERSUS
STATE & ANR. ... Respondents
Through : Mr.Kamal Kr.Ghei, APP.
Mr.Vikas Sharma with Ms.Garima Thapa, Advocates for R-2.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J. (ORAL)
JUDGMENT

1. Present petition under Section 482 Cr.P.C. has been filed by the petitioner to challenge the correctness of order dated 21.01.2016 by which application moved under Section 311 Cr.P.C. was dismissed.

2. I have heard the learned counsel for the parties and have examined the file. The petitioner is facing proceedings under Section 138 Negotiable Instruments Act before the Trial Court.

3. During the course of arguments, it was agreed that one opportunity be granted to the petitioner to cross-examine the complainant subject to payment of reasonable costs. 2017:DHC:117 Crl.M.C.1734/2016

4. Considering the facts and circumstances of the case, the complainant shall be recalled for cross-examination on the date fixed i.e.31.01.2017. The complainant shall be cross-examined on the said date and no further adjournment shall be granted. The complainant will be at liberty to produce additional witnesses, if so required.

5. The petitioner shall pay `10,000/- as costs to the complainant on the date fixed.

6. The petition stands disposed of in the above terms. All pending application(s) also stand disposed of.

JUDGE JANUARY 09, 2017 sa