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TMI Blog2020 (8) TMI 375X X X X Extracts X X X X X X X X Extracts X X X X ..... omplainant had sought time to keep PW-1 present for the purpose of cross- examination but without giving any opportunity, though time had been sought by the counsel for the complainant, erroneously, the impugned order has been passed. However, if one more opportunity is given, no prejudice would be caused to the respondent-accused. Thus, if one more opportunity is given to the complainant-appellant to lead his evidence, without pleading for any further time, then under such circumstances, it would meet the ends of justice - The trial Court is directed to dispose of the case expeditiously by affording full opportunity to the appellant-complainant - appeal allowed. - CRIMINAL APPEAL No. 100398 OF 2019 - - - Dated:- 10-8-2020 - THE HON& ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tipulated time. As such, a complaint was registered for the offence under Section 138 of the Negotiable Instrument Act. When the matter stood for evidence, the GPA holder of the complainant came to be examined in part and thereafter when the case was posted for cross- examination of PW-1, on 29.06.2019, the complaint came to be dismissed and the accused was acquitted. Challenging the same, the complainant is before this Court. 4. The main grounds urged by the learned counsel for the appellant is that the order of the trial Court is erroneous, perverse and capricious without giving full opportunity to the complainant. The complaint was dismissed at the threshold and the accused was acquitted. It is his further submission that PW-1 is the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lainant had sought time to keep PW-1 present for the purpose of cross- examination but without giving any opportunity, though time had been sought by the counsel for the complainant, erroneously, the impugned order has been passed. However, if one more opportunity is given, no prejudice would be caused to the respondent-accused. 8. In the light of the said facts and circumstances of the case, I am of the considered opinion that if one more opportunity is given to the complainant-appellant to lead his evidence, without pleading for any further time, then under such circumstances, it would meet the ends of justice. 9. In that light, the appeal is allowed. The judgment passed by the learned Additional Senior Civil Judge and JMFC, Mudhol ..... X X X X Extracts X X X X X X X X Extracts X X X X
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