SHASHI ADLAKHA Vs. S.D. JAIN

JUDGEMENT

(1.) The present revision petition has been filed against the impugned order dated 23.9.2019, passed by the Judicial Magistrate 1st Class, Faridabad, whereby opportunity for the petitioner/accused No.3 to cross examine the complainant stand dispensed with, in a complaint bearing No. NACT/4050-2016, filed under Section 138 of the Negotiable Instruments Act, 1881 and under Section 420 IPC, titled as S.D. Jain v. Gold Field Sanstha etc.

(2.) It is contended by learned counsel for the petitioner that the trial Court has wrongly dispensed with the opportunity of the petitioner to cross examine the complainant. The Court below is factually incorrect in writing that the petitioner has availed 9 opportunities for cross examining the complainant. The petitioner is not solely responsible for the 9 adjournments. Even the complainant had taken adjournments in interregnum. Still further, it is submitted that since the parties were in the process of compromising the matter, therefore, the complainant could not be examined. Thereafter, even the complainant had expired and was substituted by his legal representative. The petitioner needs only one opportunity to cross examine the substituted complainant.

(3.) Having heard learned counsel for the petitioner and having perused the file, this Court does not find any illegality or perversity with the order as such. Hence, this Court does not find any ground to interfere in the same.