1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. 26697-M of 2009 Date of Decision: 9.10.2009 *** Amro Devi .. Petitioner Vs. Ram Bilas & Ors. .. Respondents CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Subhash Ahuja, Advocate for the petitioner. *** ARVIND KUMAR, J. Affidavit of Mr. K.K. Saini, Advocate, representing the petitioner before the Court below taken on record. The petitioner-complainant is aggrieved with order dated 18.10.2008 passed by learned Judicial Magistrate Ist Class, Chandigarh whereby the evidence of the complainant in a complaint case has been closed by Court order by observing that she has failed to conclude her evidence despite availing sufficient opportunities including last opportunity. A further challenge has been made to the order dated 18.8.2009 by dint of which the revision of the petitioner preferred against the order dated 18.10.2008 has been dismissed by the revisional Court below. Learned counsel for the petitioners has pointed out that on 18.10.2008 the counsel for the complainant was not available and as such the evidence could not be produced on that date whilst in the impugned order the complainant has shown to be present along with her counsel. In this regard affidavit of Mr. K.K. Saini, Advocate, who is representing the petitioner before the Court below has been placed on record. Without falling into any intricacy to this extent, this Court is of the considered view that the petitioner deserves one effective opportunity for concluding her evidence, but subject to costs. The dispute between the 2 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, the instant petition is allowed and orders, under challenge, are set aside. The trial court is directed to grant one effective opportunity to the complainant for her evidence on her depositing Rs. 5000/- in the District Legal Aid Fund. On her doing so, the trial Court shall grant one effective opportunity to her and then proceed with the trial of the case in accordance with law. Copy of the order be given dasti under the signatures of Reader of this Bench. (ARVIND KUMAR) JUDGE October 9, 2009 Jiten