$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8959/2023& CRL.M.A. 33514/2023 AMARJEET SINGH .....Petitioner Through: Ms. Mansi Gupta & Ms. Ritu Mishra, Advs. versus THE STATE & ANR. .....Respondents Through: Mr. Sanjeev Sabharwal, APP for the State. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 11.02.2025 1. This hearing has been done through hybrid mode. 2. The present petition under Section 482 of the Cr.P.C. has been filed seeking the following prayers:- “1. Set aside the order dated 22.11.2023 passed by the Ld MM - OS(N) Sh. Saurabh Goyal, Rohini Courts, Delhi in Ct no. 7998/2016; titled Jagbir Singh vs Amarjeet Singh. 2. Grant liberty to' the petitioner to summon and examme the following witnesses namely : a. Notary Public Sh. A. P Verma, 217, Western Wing, Tis Hazari Courts~ Delhi (UOI). b. Officials of the ICICI Bank, Chandani -Chowk Branch, Delhi ; with record of Petitioner’s Account. c. Nitin Jain; CW-2 (partly examined). 3. Any other order or direction which this Hon'ble Court may deem fit and proper be also passed in the interest of justice.” 3. Learned counsel appearing on behalf of the petitioner draws the attention of this Court to the impugned order dated 22.11.2023 whereby, two applications seeking recall of CW-2, Nitin Jain, as well as summoning of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/02/2025 at 12:02:35 witnesses from ICICI Bank and notary public have been rejected by the learned Metropolitan Magistrate. 4. Attention of this Court has been drawn to the deposition of CW-2 (Nitin Jain), who was cross-examined on behalf of the petitioner on 22.02.2014, and thereafter, again on 09.09.2014. On the said date, the further cross- examination of the said witness was deferred. Subsequently, vide order dated 17.07.2017, the learned Metropolitan Magistrate records that the said witness was dropped by the complainant as he was stated to be won over despite the fact that he was under cross-examination. 5. So far as the witness from the bank is concerned, it was pointed out that the concerned officer from the ICICI Bank was also a witness of the complainant and was never summoned during the course of proceedings. 6. Learned counsel appearing for respondent submits that the trial has been at stage of statement of accused/petitioner since 2017. However, learned counsel appearing on behalf of the respondent fairly submits that he has no objection if one last opportunity may be granted to the petitioner on payment of costs. 7. In view of the above, with the consent of learned counsel for the parties the following directions are passed: - (i) The parties will appear before the concerned learned Trial Court on 28.02.2025 at 02:00 P.M. (ii) Learned Trial Court shall summon the two witnesses namely, CW-2, Nitin Jain, as well as the concerned Officer/authorised representative of the ICICI Bank of the concerned branch, Chandni Chowk. (iii) The aforesaid summoning of the witnesses shall be subject to the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/02/2025 at 12:02:35 costs of Rs. 50,000/- to be paid to respondent No. 2/complainant by the present petitioner before the learned Trial Court on 28.02.2025. 8. On the payment of the aforesaid amount as costs, the learned Trial Court shall summon the aforesaid witnesses for the date of hearing to be fixed on 28.02.2025 and ensure that the said witnesses shall be cross-examined on the date so fixed. It is further clarified that no further adjournment shall be given to the petitioner/accused for the purpose of the cross-examination of the said witnesses. 9. With these directions, the petition stands disposed of. 10. Pending applications, if any, also stand disposed of. 11. Order be communicated to the learned Trial Court for necessary information and compliance. AMIT SHARMA, J FEBRUARY 11, 2025/nk Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/02/2025 at 12:02:35