Delhi High Court has allowed the accused in a cheque bounce case to cross examine the complainant even though the matter was at the stage of final arguments.
A bench of Justice Kait has passed the order in the case titled as SANDEEP SINGH vs RANJANA GAWRI on 24.09.2019.
In a cheque bounce case, the trial court considering the defence raised by the accused had dispensed with the evidence of complainant which order was not challenged. Trial court had put the matter for defence evidence but dispite opportunities, the accused failed to lead any evidence. Trial court closed the opportunity and listed the matter for final arguments. Accused came up with an application under Section 311 CrPC but the same was dismissed.
When the matter reached the High Court, it observed "The fact remains that on 12.03.2018, the matter was referred to mediation and thereafter on 30.07.2018, the order was passed by the Trial Court on two counts (i) Framing of notice under section 251 Cr.P.C. and (ii) listing on 18.09.2018 on maintainability of the complaint. Once notice is framed under section 251 Cr.P.C., the matter shall be decided after recording the evidence of both the parties. Had the Trial Court been of the view that there was some issue relating to maintainability, the Trial Court would not have framed the notice under section 251 Cr.P.C. on 30.07.2018".
It further observed "It is not in dispute that after framing of notice under section 251 Cr.P.C., the complainant’s evidence was dispensed with. Thus, the petitioner could not get a chance to cross examine the respondent. He moved an application under section 311 Cr.P.C. and the same was dismissed. Thus, there is no defence on record from the side of the petitioner. In that eventuality, if there is no defence of the petitioner, the Trial Court has no option but to convict the petitioner".
It also observed "It is pertinent to mention here that despite last opportunity granted vide order dated 11.12.2018, the petitioner failed to place on record the evidence. However, the fact remains that on the next date of hearing, i.e.28.02.2019, the Presiding Officer was on leave. Thus, the learned Trial Court should have considered the application under section 311 Cr.P.C., so that some material could come on record to decide the case fairly".
Then the High Court directed "Accordingly, I hereby set aside the order dated 05.08.2019 passed by the Learned Trial Court. Consequently, the court is directed to give one opportunity to the petitioner to cross examine the respondent/complainant with cost of Rs. 25,000/-. Out of the cost amount, Rs.10,000/- shall be paid in favour of the Library Fund, Bar Association, Tis Hazari Courts and Rs.15,000/- in favour of the respondent/complainant".
Read the Order here:
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