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2022 (9) TMI 316 - HC - Indian LawsDishonor of Cheque - legally subsisting debt as on the date of deposit of the cheques in question or not - opportunity to cross-examine - HELD THAT:- The question of examining the witness on Commission arises in the case where such a witness is disabled to attend the Court due to old age or hazardous condition of her health, not in a position to move about or the witness is incapable of attending the Court for any other reason. In such cases, the Court has to exercise its power to examine the witness to see that no such miscarriage of justice does takes place. A reading of Section 284 CrPC makes clear that where a witness could not be procured before the Court and that it is so essential to meet the ends of justice, such witness can be examined through a Commissioner. The learned Trial Court will be at liberty to examine the fact as to whether the SPA filed by the SPA holder is as per law at the appropriate stage as deemed fit by it. The SPA holder is allowed to continue with the trial, as already held by the learned Trial Court - the learned Trial Court is requested to expeditiously conclude the trial and decide the case. Petition disposed off.
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