IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-25918 of 2011 Date of decision : August 29, 2011 Shabeg Singh ....Petitioner versus Tarsem Lal ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Rakesh Bhatia, Advocate, for the petitioner L.N. Mittal, J. (Oral) Shabeg Singh has filed the instant petition under section 482 of the Code of Criminal Procedure assailing order dated 16.8.2011, Annexure P/3, passed by learned Judicial Magistrate Ist Class, Amritsar. Respondent-complaint Tarsem Lal has filed complaint Annexure P/1 against accused under section 138 of the Negotiable Instruments Act and 420 IPC. On 16.8.2011, complaint was fixed for cross-examination of the complainant (CW3) but accused-petitioner moved application for adjournment as his counsel was not available. Learned Trial Magistrate has observed in the impugned order that examination-in- chief of the complainant was recorded on 3.1.2011 and thereafter accused had availed sufficient opportunities to cross-examine the witness but did not do so. Consequently, cross-examination of the complainant was treated as nil with opportunity given by way of impugned order. Feeling aggrieved, Criminal Misc. No. M-25918 of 2011 -2- the accused has filed the instant petition. I have heard learned counsel for the petitioner and perused the case file. Learned counsel for the petitioner contended that petitioner's counsel in the trial court is away to London and would be back in November, 2011. It is stated that the petitioner would engage another counsel in the trial court and only one opportunity may be granted to the petitioner for cross-examination of the complainant-respondent on payment of costs. Keeping in view all the circumstances, I am inclined to accept the aforesaid prayer. I intend to dispose of the instant petition without issuing notice to the respondent-complainant so as to avoid further delay in the disposal of the criminal complaint and also to save the respondent of his expenses which he may have to incur for engaging counsel for the instant petition, if notice of motion is issued to him. In view of the above, the instant petition is allowed and learned trial Magistrate is directed to grant only one more opportunity to the petitioner for cross-examination of respondent-complainant as CW3, subject to payment of Rs 5000/- as costs precedent, payable to the complainant-respondent. Copy of the order be given Dasti to counsel for the petitioner under signatures of Special Secretary of the Bench. ( L.N. Mittal ) August 29, 2011 Judge 'dalbir'