Crl. Rev. No. 1281 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Rev. No. 1281 of 2010 Date of Decision: May 7, 2010 Mohd. Akhtar …..Petitioner Vs. Naresh Kumar …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. G.S. Chahal, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) Without expression of any opinion regarding the maintainability of revision petition against the impugned order dated February 17, 2010, dismissing the application of the petitioner for deferring the cross-examination of complainant under Section 138 of the Negotiable Instruments Act during the pendency of transfer application pending in the Hon’ble Supreme Court, I am of the opinion that the conduct of the petitioner/ accused in making an attempt to prolong the proceedings is not appreciable. However, striking a balance between the requirement of rules Crl. Rev. No. 1281 of 2010 [2] of justice and the evasive conduct of the petitioner, it will be appropriate in case an opportunity is granted to the petitioner to cross-examine the complainant subject to payment of reasonable compensation for the inconvenience caused to the complainant and the inconvenience caused in the proceedings before the trial Court. This petition is disposed of in limine by setting aside the order dated February 17, 2010. A liberty is given to the petitioner to file an application under Section 311 Cr.P.C. to re-summon the complainant for cross-examination. In case any such application being moved, the same would be allowed by the trial Court subject to payment of costs of Rs.10000/-. It is ordered that on appearance of the complainant in the Court on the date fixed by the trial Court, the complainant will be paid cost of Rs.10000/-, thereafter the counsel for the petitioner will be permitted to cross-examine the complainant- witness. May 7, 2010 (M.M.S.BEDI) sanjay JUDGE