ARVIND KUMAR, J. - (1.) VIDE the impugned order dated 10.9.2007, the prayer of the petitioner, who is facing prosecution in a complaint case under Section 138 of Negotiable Instruments Act filed by the respondent, for recalling of Tejwant Singh (CW-1) for further cross-examination", has been turned down by the learned Trial Court.
(2.) IT has been contended by learned Counsel for the petitioner that the said witness Tejwant Singh has to be cross-examined on some vital aspects, which are very much essential for the just and proper controversy between the parties and for this only one opportunity be granted to the petitioner, be that subject to payment of costs. The dispute between the parties is required to be disposed of on merits and not on the basis of technicalities. Rules and procedures are handmaid of justice and are meant for enhancing the same and not to scuttle it. Accordingly, this petition is allowed and order, under challenge, is set aside. The Trial Court is directed to recall CW-1. Tej want Singh for further cross-examination, in accordance with law. The order passed is subject to payment of Rs. 5,000/- to be paid by the petitioner to the respondent before the Trial Court before conducting further cross-examination upon CW-1 Tejwant Singh. Keeping in view the circumstances mentioned above, this petition is being disposed of without issuing any notice to the opposite party. If respondent is summoned to contest this litigation, he will have to incur huge expenses to defend this case. However, liberty is granted to the respondent that if he feels dissatisfied with this order, he may move an application to recall the same.
(3.) THE petition stands allowed accordingly. Petition allowed.;