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2011 Supreme(Del) 138

SHIV NARAYAN DHINGRA
Bobby Kapoor – Appellant
Versus
Citi Finance Consumer Finance India Limited – Respondent


Advocates Appeared:
For Appellant/Petitioner/plaintiff: Mahipal Singh Rajput, Adv.

ORDER

Shiv Narayan Dhingra, J.

1. By this petition, the Petitioner assailed Order dated 15.01.2011 passed by the Ld. MM whereby right to cross examine of complainant was closed.

2. The case against the Petitioner was under Section 138 of Negotiable Instrument Act in respect of dishonor of cheque. The Petitioner on previous date of hearing sought copy of statement of account and loan agreement. The statement of account was immediately furnished to the Petitioner and the matter was listed for cross examination of the complainant witness on 15.01.2011. On 15.01.2011 when matter was fixed the counsel for Petitioner told the court that he would not cross examine the witness as counsel for the complainant had not supplied copy of statement of account and the loan agreement as demanded by him on previous hearing. The Ld. MM referred to the previous hearing order and found that the statement of account was supplied to the counsel for Petitioner in the court itself, still the counsel persisted that he was not supplied the documents. All other documents viz. dishonored cheque, return memo, copy of legal notice etc. were available with the Petitioner. However, counsel for the accused persisted t





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