NARENDRA VIRVANI Vs. MANOJ AGRAWAL

JUDGEMENT

(1.) The petitioner has come before this Court against closing of right to cross-examine the witness of the complainant in complaint pending under section 138 of Negotiable Instruments Act praying for granting opportunity to cross examine the witness and his prayer was dismissed by the learned trial Court as well as by the learned revision Court.

(2.) The sole reason for dismissing the prayer of the petitioner is that even after availing four opportunities, he did not cross-examine the witness of the complainant and on fifth occasion, he filed an application stating that due to illness of his wife, he was not in a position to appear before the Court and in his absence, counsel expressed his inability to cross-examine the witness of the complainant.

(3.) Considering the facts and circumstances of the case, in the interest of justice, I think it proper to grant one more opportunity to the petitioner to cross-examine the witness of the complainant.