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2017 (12) TMI 287 - DELHI HIGH COURTPower to summon material witness, or examine person present - opportunity to cross-examine a witness is not given to the either of the party - Held that:- The very purpose of Section 137 of Evidence Act and Section 311 Cr.P.C. would be defeated if the opportunity to cross-examine a witness is not given to the either of the party. In the present case the dismissal of the application moved by the petitioner No.1 under Section 145 (2) NI Act as well as under Section 311 Cr.P.C. otherwise means obstruction in bringing out the evidence on record. The Court is duty bound to allow the cross-examination of the witness whose examination-in-chief has already been recorded. Without allowing cross-examination of the statement of such witness the same cannot be read in evidence in the instant summary procedure case.
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