Crl.Misc.No.M-2872 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M-2872 of 2009 Date of Decision: 5 - 2 - 2009 Piyare Lal .....Petitioner v. Ajit Kumar .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.A.P.S.Deol, Sr. Advocate with Ms.Manpreet Kaur, Advocate for the petitioner. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) It is stated that petitioner is facing trial as accused under Section 138 of the Negotiable Instruments Act and the same is fixed for tomorrow for recording the statement of accused under Section 313 Cr.P.C. The prayer made in the present petition is that due to inability of the counsel, complainant could not be cross-examined and one opportunity be granted to the petitioner-accused to cross-examine the complainant, as the Court had ordered cross-examination of the complainant to be nil. This Court on 31.1.2009 had issued notice for today. Office has reported that notice issued to the respondent has not been received back served or otherwise. Normally, this Court would have adjourned the case and ordered fresh service upon the respondent. As a necessary corollary Crl.Misc.No.M-2872 of 2009 [2] thereto, this Court would have stayed the proceedings. Resultantly, it is the interest of the complainant which will be damaged by delay in the proceedings. Taking the whole perspective and gamut of the case into consideration, it is in the interest of the complainant that one opportunity is granted to the petitioner-accused to cross-examine the complainant. Accordingly, it is directed that tomorrow on the date fixed, the petitioner- accused shall file an affidavit that this Court has granted him liberty to cross-examine the complainant. On the affidavit so filed, the Court shall fix a short date for affording an opportunity to the accused to cross-examine the complainant. The petitioner-accused had requested the Court that matter be adjourned as his counsel is ill. The Court has rightly observed that if the counsel was ill, alternative arrangement should have been made. In view of this, the petitioner is fastened with costs of Rs.5,000/-. The costs shall be tendered at the time of commencement of the cross-examination. Petition is disposed off. ( KANWALJIT SINGH AHLUWALIA ) February 5, 2009. JUDGE RC