SOM NATH Vs. DES RAJ

JUDGEMENT

(1.) Present application has been filed for placing on record zimni orders as Annexure P-7 (Colly).

(2.) In the present civil revision petition, the prayer of the petitioner is that PW1, namely, Des Raj be summoned again for cross-examination as vide order dtd. 5/5/2017 (Annexure P-4), it has been recorded by the court that there is cross-examination of PW Des Raj as'NIL' as despite last opportunity the said witness was not cross-examined and the application for recalling the said witness has also been dismissed by the impugned order dtd. 3/7/2018 (Annexure P-6).

(3.) Learned counsel for the petitioner submits that a complaint was filed by the petitioner against Des Raj under Sec. 138 of Negotiable Instruments Act, which complaint was dismissed on 22/1/2015 after which date, Des Raj filed a suit for recovery for damage caused to the reputation, harassment along with interest. In the said suit, Des Raj was examined-in-chief but despite due opportunities given to the petitioner-defendant, Des Raj was not cross-examined and once, even after the last opportunity granted to the petitioner-defendant, PW1 Des Raj was not cross-examined, the impugned order dtd. 5/5/2017 was passed recording that crossexamination of PW1 Des Raj as'NIL'.