1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No. 2221 of 2009 Date of Decision: 26.8.2009 *** Ghanshyam Dass .. Petitioner Vs. D.C. Bindal .. Respondent CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Ms. G.K. Mann, Advocate for the petitioner. *** ARVIND KUMAR, J. The complaint of the petitioner under Section 138 of Negotiable Instruments Act, is pending against the respondent before Judicial Magistrate Ist Class Chandigarh. Vide impugned order dated 7.7.2009 the cross examination of accused, who himself appeared as a defence witness has been treated as “NIL”, leading to the institution of the present petition. I have heard learned counsel for the petitioner and have also gone through the case file carefully. The tenor of impugned order reveals that the said defence witness could not be cross examined solely due to non appearance of the counsel for the petitioner, for whatsoever reason, on which this Court refrain to comment. But in the considered opinion of this Court, a party cannot be made to suffer on this account. The denial of right to cross- examine a witness is nothing but an intrusion of legal right. Even otherwise the case is still at the defence stage and no prejudice is going to cause to the accused since he still has to appear before the Court on each and every date. However, he can well be compensated with costs. Accordingly, the present petition is allowed, the trial court shall recall DW.1 D.C. Bindal and put him for his cross examination on behalf of 2 the petitioner that too on payment of costs of Rs.2000/- to the witness. However, it is made clear that only one effective opportunity be given to the petitioner to cross-examine the said witness. Keeping in view the circumstances mentioned above, this petition is being disposed of without issuing any notice to the respondent, since he will have to incur huge expenses to defend this case. However, liberty is granted to the respondent that if he feel dissatisfied with this order, he may move an application to recall the same (ARVIND KUMAR) JUDGE August 26,2009 Jiten