...PW1. On the request of the learned counsel for the accused, the cross examination of PW1 was adjourned. Thereafter, the case was posted on several occasions. However, the complainant did not turn up for cross.... 5. On going through the impugned order, I find that the complainant/appellant had been granted more than sufficient opportunity to present herself for cross examination.... However, she failed to turn up and therefore, the trial court cannot be faulted for passing the impugned order. However, in the interest of justice and to enable that the complainant/appellant to get an...

...was examined-in-chief, but thereafter, the complainant did not turn up for cross- examination despite repeated adjournments and bailable warrants issued against him. He further submitted that till...date, the position is same even after the expiry of about 5 months and to his knowledge, the complainant has already left the country and that is the reason as to why he is not coming forward for cross..., Senior DAG, Punjab. Mr. Rishu Mahajan, Advocate for the complainant. **** J ASGURPREET SINGH PURI , J...

...against him. Here also the complainant did not turn up for cross examination after repeated posting from 10.12.2016 onwards. Therefore it could be safely concluded that the case of the complainant is.... Though the complainant filed affidavit in lieu of chief examination, after adjourning the matter for cross examining the complainant, she did not appear before this Forum and offered herself for cross...the opposite party and also prayed for another Rs,. 3,00,000/- for damages. Opposite party filed version contending that the complainant is not a consumer. She was running a unit with...

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...petitioner is that, the de facto complainant though was examined in chief, he did not turn up for cross examination and the evidentiary value of the other witness viz., PW7 is hearsay in nature and therefore, is inadmissible. As we know, what is essential in a disciplinary proceedings is a preponderance of probability and not proof beyond a reasonable doubt. No doubt, PW1 who is the de facto complainant did...not turn up for cross examination. However, this Court cannot lose 10/16 sight of the complaint given by the de facto complainant against...examination, the finding rendered by the Disciplinary Authority cannot be held as without any evidence. Apart from that, though PW1 did not turn up for cross examination, there is an evidence given...

...convenience. TheIssues (i) & (ii) complainant has filed chief affidavit in-lieu of chief examination, but no documents were marked as he did not turn up. Opposite parties filed chief affidavit in-lieu of chief examination. The complainant did not turn up for cross-examining...were done by the company. But after that thest complainant heard some sounds from the engine of the vehicle and he entrusted the vehicle to the 1 opposite party for repair on...complainant is entrusting the vehicle with the opposite party for servicing. The annual maintenance charges were collected after informing the complainant and the complainant has availed the benefits...

...examination-in-chief and did not turn up for cross-examination. A detailed order has been passed by the Court below showing the opportunities given to the complainant. Even last opportunity was given on...lakhs in favour of the complainant, which on presentation for encashment was returned back dishonoured with the remarks 'Exceed Arrangements'. Legal notice was served. When the amount was not paid...16.03.2016 to the complainant to complete the evidence. There is no evidence on the record and chief- examination alone cannot be read into evidence. As the accused was not 2 of 3 CRM No.A...

...observed in its order that though the witnesses had appeared at the stage of pre-charge evidence but when they were summoned for cross-examination, none chose to appear before the trial Court and therefore, their evidence could not be considered as it did not have any evidentiary value or sanctity. In other words, after filing of the complaint case before the trial Court the complainant and its witnesses shied away and did not turn up to...complainant and its witnesses did not turn up to the Court for their cross-examination. There was no alternative for the trial Court except to dismiss the complaint and to acquit the accused. The...witnesses examined by prosecution in the pre-charge evidence were ordered to be summoned for further cross-examination but when no witness came present for some dates, accused made statement not to...

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...the complaint. However, while allowing the application, this aspect has not been looked into by the trial Court that during the trial itself, Sukhpal Singh did not come present for his deposition and Kulwant Singh had been given up by the complainant herself being won over by the accused. Another witness namely Harbans Kaur did not turn up for her cross-examination. This.... On 24.02.2015, one witness namely, Kulwant Singh was given up by the complainant being won over and another witness namely Sukhpal Singh did not come present for his deposition. Thereafter...was not closed by order of the Court. Once, one of the witnesses had been given up by the complainant herself, application under Section 311 Cr.P.C. for recalling of the same...

...1 Ravindra Rai appeared for his examination-in-chief. But he did not turn up for cross-examination. C.W 2 is the complainant herself.8. Since C.W 1 did not turn up for his cross-examination, the trial Magistrate did not take into account his evidence.9. C.W 2 the complainant has...form was submitted. The present complaint has been initiated at the instance of protest petition.8. CW-1 Ravindra Rai has supported the case of the prosecution but this witness did not turn up for his cross-examination. Vide order dated 06.04.2009, defence admitted that the CW-1 may be cross-examined at any time during prosecution evidence. Complainant was...witnesses but the complainant did not produce CW-1 for his cross-examination. Since the CW-1 was not cross-examined as the witness did not turn up for his cross-examination, the examination-in-chief of...

...:- "Today the case was fixed for cross-examination of the complainant. Counsel for the accused sought some time for the cross examination of complainant. After that case was called at 12:00 PM but counsel for the accused did not turn up in...& second time counsel for the accused come present in the court but did not cross- examine the complainant. After giving number of opportunities cross-examination of complainant.... 5. On the other hand, learned counsel for the respondent/complainant did not oppose the grant of asked for relief to the present petitioner, and, he is not averse, if an opportunity to cross...

...-examination. It was, therefore, the duty of the Magistrate to summon the witnesses for further cross-examination that day. No such action was taken by the Magistrate. He was, therefore, clearly in error in having dismissed the complaint and in having acquitted the accused merely for the reason that the complainant and his witnesses did not turn up for...charge against the accused persons 12th July, 1968 was the date fixed for further cross-examination. The record does not show that the complainant had volunteered to bring his witnesses for further, cross...duty of the complainant finishes and it is for the court to summon the witnesses for cross-examination and to take coercive steps for their attendance if the witnesses fail to appear. It has been held...

...chief examination and produced three documents which were marked as Exts.A1 to A3. Even though the complainant was present for cross examination, the opposite parties 1 & 2 did not turn up for cross...& 2 came and contacted the complainant for redressing the problem. The complainant went to the second opposite party's office on 15/06/2016 and a complaint was registered on that day. Since the...problem was not resolved the complainant again went to the office of the second opposite party on 30/06/2016 and again complaint was registered and got an assurance from the second opposite party that the...

...was given up by the complainant as he did not turn up for entire cross examination. 13. On the basis of the said evidence the learned counsel for the complainant has contended that.... Further, the allegations of fraud and cheating cannot be proved in summary procedure before this Forum because voluminous evidence and examination and cross examination of witnesses is required for...facts then they told that sometimes at the time of loading or unloading some vehicles got scratches or dents. The Manager of the opposite party No. 1 requested the complainant not to tell about this...

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...documents were not marked as he did not turn up. 2 opposite party has filed chief affidavit in lieu of chief examination and Exts. D1nd to D6 were marked. The complainant did not turn up for cross examining...complainant is entitled to get the reliefs? :- Both these issues are considered together for the sake of convenience. TheIssues (i) & (ii) complainant has not filed fresh chief affidavit and also the...party the unit price of the vehicle was quoted as Rs. 1,60,348/-. Whennd the complainant approached the 2 opposite party on 14.05.2012 for purchasing the vehicle, hend told the complainant that the...

.../complainant was recorded and the matter was adjourned due to lunch-break. After lunch-break, petitioner's counsel did not turn up for conducting cross-examination of the complainant and that is why..., examination-in-chief of respondent no.2/ complainant was conducted. However, his cross-examination was not recorded and the learned Trial Court marked the cross-examination as 1...respondent no.2/complainant for his cross-examination but the same was dismissed vide impugned order dated 06.09.2024. Aggrieved against the said order, the petitioner has approached this Court by way of...

...Forum directed the said witness to be present for cross examination by the complainant. This Forum eschewed the affidavit of the said witness as he did not turn up for cross examination...reimbursement of medical expenses to the tune of Rs.2,18,480/- did not arise. The complaint therefore be dismissed. 4. Exs.A-1 to A-8 on behalf of complainant and Ex.B-1 on behalf of...opposite parties were marked. The complainant cross examined the 3 opposite party on her affidavit (RW1).rd 5. Now the points that arose for consideration in this complaint are: Whether...

...filed proof affidavit and complainant insisted for cross examination of the opposite party, opposite party did not turn up for cross examination. Ext. P1 consignment note specifically...appearance and filed their version contending interalia that complainant is not a consumer as he has not availed or hired any service for consideration nor is he a beneficiary of any service. It is true...are not at all connected or liable for any happenings thereafter, that there is no lapse, negligence or any deficiency in service on the part of the opposite parties, that complainant has no specific...