Court emphasized the right to cross-examine witnesses for a fair trial while reprimanding defence counsel for ineffective conduct.

O R D E R

Challenging the order of the learned Chief Judicial Magistrate, Vellore, Vellore District, in C.M.P.No.8073 of 2025 in C.C.No.229 of 2019, dated 18.07.2025, dismissing the application filed under Section 311 Cr.P.C.

to cross-examine around 30 witnesses, the present petition has been filed.

2.The accused were prosecuted for the offences under Sections 4(1), 11, 14, 76(1) of Chit Funds Act, 1982 and Section 420 IPC for non-payment of chit amount to various subscribers. The prosecution has cited almost 84 witnesses and examined them. However, the accused have not cross- examined P.Ws.2 to 4, 23 to 26, 35 to 38, 46 to 58, 65 to 67 and 72 to 75. Therefore, the accused have filed the present application under Section 311 Cr.P.C. to cross-examine the witnesses on the ground that the defence counsel was unable to cross-examine those witnesses on the day when they were examined.

3.Taking note of the fact that the prosecution witnesses have been examined right from the year 2021 and that the defence counsel was just a mute spectator all these years and did not cross-examine the witnesses, the trial Court dismissed the application, however, permitted to cross-examine P.W.75 alone, who is the Investigation Officer. Challenging the same, the present petition has been filed.

4.Heard the learned counsel on either side.

5.At the outset, the very conduct of the counsel who appeared for the accused is highly deprecated. He has not discharged his professional duty properly and he ought not to have been so lethargic in allowing the witnesses remain unconfronted, particularly in a criminal case. Though this case is squarely covered by the dictum of the Hon'ble Supreme Court in Vinod Kumar v. State of Punjab [ 2015 (1) MLJ (Crl) 288 ], wherein, the Hon'ble Supreme Court has mandated that the witnesses have to be cross- examined on the same when the they are examined-in-chief, this Court, in order to satisfy the fair trial concept, is inclined to grant one more opportunity to the accused to cross-examine the aforesaid witnesses on condition of payment of Rs.2,000/- (Rupees Two Thousand only) to each witness. On such payment being made, the trial Court shall recall P.Ws.2 to

4, 23 to 26, 35 to 38, 46 to 58, 65 to 67 and 72 to 74 and fix the date for cross-examination within a week. It is made clear that all the witnesses shall be cross-examined within a week's time. The trial Court shall ensure that the witnesses are cross-examined on the same day when recalled. If the cross-examination is not completed within 7 days, no further opportunity will be granted to the accused.

6.With the above observations, this Criminal Original Petition is allowed and the impugned order of the trial Court is set aside.