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2020 (8) TMI 375 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - cross-examination of the case - acquittal of the accused - sufficient opportunity to the complainant to lead further evidence of PW-1 not provided - principles of natural justice - HELD THAT:- The respondent- accused has been secured by issuance of summons and thereafter the GPA holder of the complainant has been examined and subsequently, the case had been posted for cross-examination of PW-1 on 29.06.2019 and that the case came to be dismissed and the accused was acquitted. As could be seen from the order, it indicates that PW-1 was absent and the advocate for the complainant had sought time to keep PW-1 present for the purpose of cross- examination but without giving any opportunity, though time had been sought by the counsel for the complainant, erroneously, the impugned order has been passed. However, if one more opportunity is given, no prejudice would be caused to the respondent-accused. Thus, if one more opportunity is given to the complainant-appellant to lead his evidence, without pleading for any further time, then under such circumstances, it would meet the ends of justice - The trial Court is directed to dispose of the case expeditiously by affording full opportunity to the appellant-complainant - appeal allowed.
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