CRM No. M-31201 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-31201 of 2009 (O&M) Date of decision: 9.11.2009 Devidass ...Petitioner Versus Davinder Kumar Gupta ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Sandeep Arora, Advocate, for the petitioner. Rajan Gupta, J (oral). This is a petition under Section 482 Cr.P.C. praying for setting aside the order dated 3rd October, 2009, passed by Judicial Magistrate Ist Class, Jalandhar, whereby prayer of the petitioner to cross-examine the complainant, was rejected. Learned counsel for the petitioner submits that counsel for the petitioner could not cross-examine the complainant on 21st April, 2009 due to the fact that he was out of station. A request was, thus, made to the court to defer the cross-examination, but the same was rejected. Thereafter, an application was moved under Section 311 Cr.P.C. for recalling the witness for cross-examining him. The said application was also dismissed by the impugned order, Annexure P-4. Learned counsel submits that the complainant is a material witness in this case and in case opportunity is not granted to the petitioner to cross- examine him, it would result in great prejudice to the petitioner. CRM No. M-31201 of 2009 2 I have heard learned counsel for the petitioner and given careful thought to the facts of the case. In the facts and circumstances of the case, the trial court is directed to grant one opportunity to the petitioner to cross-examine the witness. This, however, shall be subject to payment of Rs.5000/- as cost, to be remitted to the State Legal Services Authority, Punjab. Disposed of. (RAJAN GUPTA) JUDGE November 09, 2009 'rajpal'