Interim Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 71
CC NI ACT/8341/2023
DLCT020255012023
CTS TRANS SOLUTIONS THROUGH ITS PROPRIETOR MAHENDER SINGH
Vs.
MANORANJAN KUMAR SINGH
01.04.2025
Present : Sh. Mukesh Mishra, ld. counsel for the complainant.
Accused with ld. counsel Sh. Joginder Singh.
Matter is listed for final arguments. However, an application u/s 311 Cr.
P.C. is moved on behalf of accused stating that in the present matter, the complainant
witnesses have not been cross-examined by the previous counsel of the accused as he was
not available and now the newly engaged counsel seeks leave of the court to cross-
examine the complainant in the present matter. It is further submitted that the cross-
examination of CW-1 is essential for the just determination of the present case.
Ld. counsel for the complainant has strongly opposed the application
preferred on behalf of the accused. He further submits that the present application is only
to delay the proceedings in the present matter and filling the lacuna in the present matter.
Perusal of record reveals that on 05.06.2024, notice u/s 251 Cr. P.C. was
framed against the accused and since no plausible defense was taken by the accused, he
was not given the opportunity to cross-examine the complainant and therefore, the matter
was listed for DE in terms of Rajesh Aggarwal Vs. State, 171 (2010) DLT 51. It was never
the case that the previous counsel could not cross-examine the complainant. The CW-1
was never discharged unexamined and infact the matter was rightaway placed for DE in
view of the defence which was taken by the accused at the stage of framing of notice and
thereafter, DE was also recorded in the present matter and accused has also been cross-
examined. By filing the present application, a belated plea is being taken by the accused
to cross-examine CW-1 as after the matter was fixed for DE, the accused has been
examined in chief as well as cross-examined. If the accused actually wanted to cross-
examine CW-1, the order dt. 05.06.2024 could have been challenged by now or the
present application could have been filed earlier.
In these circumstances and in view of the grounds mentioned in the
application, the application u/s 311 Cr. P.C. is dismissed.
Accordingly, re-list the matter for final arguments on 03.05.2025.
(Amit Rana)
JMFC, NI Act-06, Central District, THC/01.04.2025
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