Crl.M.No.M-10232 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-10232 of 2010 (O&M) Date of Decision: April 6, 2010 M/s.Sadhika Sugandh Ltd. and another .....Petitioners v. M/s. C.D.Enterprises ......Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Vineet Sehgal, Advocate for the petitioners. ...... RAM CHAND GUPTA, J.(Oral) The present petition filed under Section 482 Cr.P.C. is for setting aside the order dated 7.12.2009 (Annexure P2) passed in Complaint No.439 dated 17.11.2004, under Section 138 of the Negotiable Instruments Act, read with Section 420 IPC, vide which request for cross-examination of the respondent-complainant on behalf of the petitioners was declined by learned trial Court. I have heard learned counsel for the petitioners and have gone through the whole record carefully. A perusal of various zimni orders reproduced by petitioners themselves in the petition shows that the present complaint pertains to the year 2004. Complainant has been coming present on each and every date of hearing. Examination-in-chief of the complainant was recorded on 18.1.2008 and thereafter many dates were fixed but he was not cross- examined on behalf of the present petitioners. On 2-3 dates of hearing, date was sought on behalf of the present petitioners as they did not appear. On some dates counsel for the petitioners-accused did not appear. On 7.12.2009, when the impugned order was passed, though some other counsel appeared on behalf of the accused, however, he did not cross- examine the witness on the plea that the cross-examination will be conducted by original counsel, who was at Delhi, hence, learned trial Court Crl.M.No.M-10232 of 2010 (O&M) -2- was having no other option but to close the cross-examination of complainant on behalf of the accused. Hence, it cannot be said that any illegality or irregularity has been committed by learned trial Court by closing the evidence of the complainant. However, it has been stated by learned counsel for the petitioners that only one opportunity be given to the petitioners to cross- examine the complainant. It has been stated that the date fixed before learned trial Court is tomorrow, i.e., 7.4.2010. Hence, in the interest of justice, learned trial Court is directed to complete the cross-examination of the complainant on behalf of the petitioners tomorrow itself subject to petitioners paying cost of Rs.10,000/-. Disposed of accordingly. A copy of this order be given dasti under the signatures of the Reader. 6.4.2010 (Ram Chand Gupta) meenu Judge