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2021 (8) TMI 827 - HC - Indian LawsDishonor of Cheque - inspite of opportunity granted, cross-examination of complainant was not done - HELD THAT:- It is true that matter was adjourned on the count of ill health of the advocate of accused as well as due to pandemic situation. It is also a matter of record that accused was directed to deposit ₹ 1,80,000/- which he failed to deposit. However, in the present petition the said amount was deposited by Demand Draft in the name of complainant. If roznama dated 16.08.2019 is perused the accused was absent. His advocate Noronha was represented through Shri V. Naik. Thus order was passed in the absence of accused as well as his advocate. Exemption was granted to the accused. However application for grant of adjournment was rejected and cross of PW1 was closed. Roznama of previous date shows that there was application filed by Counsel for accused alongwith medical certificate. On all these dates where adjournment is granted the advocate for accused sought exemption of his appearance. Thus, accused may not be having any idea whether the evidence of PW1 will be closed or even if he is having idea the advocate for accused appears to be not well and was seeking adjournments - It also reveals from the roznama that the cross of PW1 had commenced but ultimately it could not be concluded for one or the other reason. Though amount of ₹ 1,80,000/- has been deposited in this Court the accused avoided to pay the same since long. The hardship and inconvenience caused to the complainant also cannot be overlooked. He can be compensated by way of costs. In view of this background also it is necessary to expedite the matter - petition allowed.
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