Final Order 1

Order Details: COPY OF ORDER
Pdf Text: CR 364/2023
RASHID VS. RAJ SINGH
07.12.2023
Fresh revision petition received by way of
assignment by the orders of Ld. Principal District & Sessions
Judge (North). It be checked and registered.
Present:- Mr. Avinash Pandey, ld. Counsel for revisionist
(through VC).
The present appeal is preferred against the impugned
order dated 26.10.2023 passed by Ld. M.M./NI Act/Digital
Court/ North, whereby application under Section 311 Cr.P.C.
moved on behalf of revisionist, which was allowed vide orders
dated 18.05.2023, however, subject to cost of Rs.25,000/- to the
complainant and a previous cost of Rs.5,000/-, which remain
unpaid was imposed and further, due to non payment of cost by
revisionist, the right to cross examine the complainant had been
closed.
Arguments heard.
It is submitted by ld. Counsel that revisionist cannot
pay such an exorbitant cost and as such there is no reasoned
justification for imposing such a heavy cost. Although, ld.
Counsel submits that he would conduct the cross-examination by
way of one opportunity, if permitted.
Record perused.
Although, Ld. Trial Court has passed a reasoned order,
however, in the larger interest of justice and for the effective
adjudication of the case, one opportunity is granted to cross
examine the complainant (in the main case) so that true facts
surfaces and facilitates in the efficacious trial and adjudication of
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the case on merits, subject to a cost to be reduced by 50% of
what is imposed by the ld. Trial Court. Rest of the impugned
order shall remain upheld.
Revision petition stands disposed off accordingly.
Copy of the order be given dasti to the ld. Counsel for
the revisionist, as prayed for.
The revision file be consigned to the Record Room.
(Shefali Sharma)
Addl. Sessions Judge-02(North)
Rohini Courts Delhi
07.12.2023
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