Accused be given due opportunity to cross- examine original complainant to enable him to put-forth his defence
Without entering into the controversy as to whether the original accused was in fault or not, principles of natural justice require that the accused be given due opportunity to cross- examine the original complainant to enable him to put-forth his defence, if any, through the said cross-examination as well as for fair trial, and, therefore, the quashment of aforesaid both the orders dated 19.8.2009 and 4.2.2010 would subserve the interest of justice, and shall afford opportunity to the original accused to cross-examine the original complainant. However, while quashing and setting aside both the said orders, I am inclined to impose costs of Rs. 2,000/- upon the accused for protracting the matter, and also fix up the specific date, i.e. 9th August, 2010 before the learned JMFC, Chopada, District Jalgaon,
Bombay High Court
Shri Anwarkhan Ajijkhan Pathan vs Mahaveer Nagari Sahakari ... on 8 July, 2010
Bench: Shrihari P. Davare
