Delhi High Court - Orders
Rajesh Tripathi vs State (Nct Of Delhi) & Anr on 14 February, 2019
Author: Chander Shekhar
Bench: Chander Shekhar
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 104/2019 & CRL.M.A.463/2019
RAJESH TRIPATHI ..... Petitioner
Through: Mr. K.K. Sharma, Adv.
versus
STATE (NCT OF DELHI) & ANR .... Respondents
Through: Mr. Panna Lal Sharma, APP
Mr. G.P. Singh and
Mr.S.Mohiuddin, Advs. for
respondent No.2
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
ORDER
% 14.02.2019
1. The present petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) challenging the impugned order dated 29.10.2018 passed by learned Metropolitan Magistrate (N.I. Act)/South-East District, Saket Court, New Delhi whereby the application of the petitioner under Section 311 of the Cr.P.C. for recalling the complainant (CW-1) for his cross- examination was dismissed in case titled as "Hemant Sharma v. Rajesh Tripathi", C.C. No.630753/2016 under Section 138 of the Negotiable Instruments Act, 1881 (NI Act), registered at PS Kalkaji.
2. Learned counsel for the respondent No.2 submitted that though there is no cause for allowing the petition, however, in the interest of justice and just to cut short delay, he has no objection to the petition being allowed, subject to heavy cost and with a direction to the petitioner to move an application under Section 145 (2) of the NI Act within 10 days.
3. Accordingly, in view of the cause submitted in the petition, as well as the no objection of the learned counsel for the respondent No.2, the impugned order dated 29.10.2018 is set aside subject to the cost of Rs.20,000/-, to be paid by the petitioner to the respondent No.2, with liberty to the petitioner to move an application under Section 145 (2) of the NI Act within 10 days. In case the said application is not moved by the petitioner within the stipulated time, the opportunity to move the said application shall be closed.
4. The petition is disposed of in the above terms. Pending application is also disposed of.
Dasti.
CHANDER SHEKHAR, J FEBRUARY 14, 2019/rk