Jai Kumar Jain vs B P Sharma & Anr.
2012 Latest Caselaw 805 Del

$~30
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+           CRL.Rev. P.59/2012

%           Judgment delivered on: 6th February, 2012

      JAI KUMAR JAIN                       ..... Petitioner

                            Through : Mr. Mansoor Ali, Adv.

                   versus

      B P SHARMA & ANR.                        ..... Respondents

                            Through : Ms. Rajdipa Behura, APP.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Vide the instant petition, the petitioner has sought for setting aside the impugned orders dated 29.11.2011 and 09.01.2012 passed by learned MM (South)-07 Saket courts, New Delhi in CC No. 44/4 P.S. Mehrauli, New Delhi under Section 138 of NI Act titled as B.P. Sharma Vs. Jai Kumar Jain.

2. Further prayed that the petitioner may be allowed to corss- examine the CW1/respondent.

3. Learned counsel for the petitioner submits that he does not dispute the order dated 09.01.2012, therefore, I am not commenting on the said order. Further, I make it clear that the costs imposed upon the accused/petitioner vide order dated 09.01.2012 is upheld.

4. I note that in the order dated 29.11.2011, the learned counsel for

the complainant was present in the court along with the complainant but learned counsel for accused/petitioner was not present and on that date due to some unavoidable circumstances, CW1/respondent could not be cross-examined.

5. Learned counsel for the petitioner further submits that if the petitioner is not allowed to cross-examine the complainant/respondent then it would cause injustice and irreparable loss to him.

6. I further note that on 29.11.2011, learned MM has offered CW1 for cross-examination, however the petitioner did not avail this opportunity. Thus, the petitioner had wasted the precious time of the Court, I therefore, while setting aside the order dated 29.11.2011, impose costs of Rs.10,000/- to be paid in favour of "Delhi Police Welfare Fund", PHQ, IP Estate, New Delhi within a period of 02 weeks from today. Proof of payment of costs shall be placed on record.

7. Accordingly subject to the payment of above costs and in the interest of justice, the order dated 29.11.2011 is set aside. The trial court is directed to give the petitioner last and final opportunity to cross-examine the CW1/respondent on 09.02.2012 i.e. the next date of hearing.

8. No further order is required.

9. On the above observations, Criminal Revision Petition 59/2012 stands allowed.

10. Dasti.

CRL. M.A. 1480/2012

The above application is disposed of being infructuous.

SURESH KAIT, J

FEBRUARY 06, 2012 j/RS