Criminal Misc. No. M- 12758 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M- 12758 of 2011 Date of Decision: 28.4.2011 Subhash Goyal …Petitioner Versus Shamsher Singh …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Ghulam Nabi Malik, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) During the course of arguments, learned counsel for the petitioner has submitted that he will not press the prayer made in petition for recalling the complainant under Section 311 Cr.P.C. He has further submitted that the trial Court is rushing with the trial and has not granted opportunity to the petitioner to lead the defence evidence. The trial Court, in its order dated 21.4.2011, has stated that the petitioner has availed various opportunities to lead defence evidence but has failed to do so. Be that as it may, this Court is of the view that fair play and equity demands that two opportunities ought to be granted to the petitioner to conclude his defence evidence. Issuance of notice to the complainant and his appearance will unnecessary call for stay of the proceedings and will defeat the cause which the complainant is Criminal Misc. No. M- 12758 of 2011 2 espousing. Therefore, taking larger interest into consideration, issuance of notice to the complainant is dispensed with as this Court is of the view that the complainant can be compensated by way of costs in monetary terms. For the observations made above, the petition is disposed of by directing the trial Court to afford two opportunities to the petitioner within a span of 15 days subject to payment of costs of ` 10,000. The costs shall be disbursed to the complainant. (Kanwaljit Singh Ahluwalia) Judge April 28, 2011 “DK”