- (1.) The matter is taken up for hearing through Video Conferencing.
(2.) Learned counsel for the petitioner submits that in the instant case, Pooja (PW-1) and Rakesh (PW-2) are material witnesses. Learned counsel submits that counsel for the accused failed to appear on the date fixed before the trial Court under impression that the date fixed in the matter was 3rd December, 2019 instead of 2nd December, 2019. The trial Court vide impugned order dated 19.12.2019 while dismissing the application of the petitioner failed to consider that the aforesaid witnesses are material witnesses. Learned counsel further submits that absence of the counsel before the Court below was neither deliberate nor intentional. Thus, in the interest of justice, one last opportunity may be granted to the accused-petitioner for cross-examination of the aforesaid material witnesses.
(3.) Perused the material available on record.;