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TMI Blog2023 (10) TMI 1210X X X X Extracts X X X X X X X X Extracts X X X X ..... nly pertained to the right of accused to cross-examine the complainant - It is also not in dispute that the petitioner/accused has till date not challenged the order dated 16.04.2022 passed by the learned Trial Court vide which his application under Section 219 of Cr.P.C. was dismissed and though he had made references to the said order in his criminal revision petition filed before the learned Sessions Court and had taken a ground that the proceedings in the present complaint case were bad in law due to bar under Section 219 of Cr.P.C., the petitioner had still not assailed the order dated 16.04.2022 but had only challenged the order dated 20.03.2023 by virtue of which the learned Trial Court had closed his right to cross-examine the complainant. There was no occasion for the learned Sessions Court to have recorded any findings on the issue of whether the complaint was maintainable or not since the same was not an issue before the learned Sessions Court. Thus, there are no grounds to set aside the order dated 11.04.2023 passed by the learned Sessions Court. Petition dismissed. - HON'BLE MS. JUSTICE SWARANA KANTA SHARMA For the Petitioner : Ms. Shriya Chanda , A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for cross-examination of complainant/CW-1 subject to the payment of Rs.1 lakh to the complainant. 4. By way of present petition, the petitioner has assailed the order dated 11.04.2023 passed by learned Sessions Court and seeks its setting aside. 5. Learned counsel for the petitioner argues that the learned Sessions Court has failed to pass any order in respect of the prayer of the petitioner pertaining to Section 219 of Cr.P.C. and had only passed the impugned order on the aspect of cross-examination which was allowed subject to payment of Rs.1 lakh to the complainant. It is now argued that the cost imposed vide the impugned order dated 11.04.2023 has been paid by the petitioner, however, since no speaking order with respect to all the prayers was passed by the learned Sessions Court, on that ground alone, the impugned order should be set aside. It is further argued that the learned Sessions Court has committed an error in not passing any order with respect to the inherent defect in the complaint of the respondent, and the Courts below have failed to take note of the fact that the complaint is barred under Section 219 of Cr.P.C. It is submitted that in the revision petition f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nability of complaint filed under Section 138 of NI Act in view of the bar of Section 219 of Cr.P.C. 9. To appreciate the contentions raised in the present case by both the parties, this Court has perused the order sheets of the learned Trial Court placed on record by the learned counsel for respondent and has examined the contents of the revision petition filed before the learned Sessions Court by the accused/petitioner and the impugned order dated 11.04.2023 passed while disposing of the said revision petition. 10. In the present case, the learned Trial Court had closed the right of the petitioner to cross-examine the complainant, after considering the fact that the petitioner had sought adjournments on several dates, that are 21.07.2022, 19.10.2022, and 02.03.2023. Again on 20.03.2023, an adjournment was sought on the ground that the accused wished to challenge the order dated 16.04.2022 passed by learned Trial Court vide which the application filed by accused under Section 219 of Cr.P.C. was dismissed. However, considering the facts and circumstances of the case, the learned Trial Court, vide order dated 20.03.2023, had closed the right of the accused to cross-examine the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot available or costs are not paid, opportunity shall be deemed to have been declined and impugned order shall be restored. 7. For the reasons noticed above, Order dated 20.03.2023 passed by MM-01, NI Act, South, Saket, New Delhi, is set-aside. Parties are directed to appear before the trial court on 01.05.2023. 8. Revision petition is, accordingly, disposed of. A copy of this order be sent to the Trial Court and a copy be given dasti to both parties. Revision file be consigned to record room. 12. Admittedly, the petitioner has already paid the cost imposed by the learned Trial Court for the purpose of conducting cross-examination of the complainant, and as clear from the contents of present petition and the arguments addressed before this Court, the petitioner has sought setting aside of the impugned order dated 11.04.2023 only on the ground that in the said order, learned Sessions Court had failed to consider the contentions raised by the petitioner/revisionist therein regarding the maintainability of the complaint case under Section 219 of Cr.P.C. and had not passed any order qua the same. 13. In this regard, this Court notes that the impugned order dated 11. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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