1. The petitioner who is respondent in original complaint filed the above mentioned petition stating that his counsel could not appear for cross examination on witnesses of complainant due to heart attack to his aunt and exparte proceedings were initiated against him therefore, he may be granted permission to cross examine the witnesses of complainant and to produce his evidence after setting aside exparte proceedings.
2. Respondent/complainant submitted a written reply wherein she stated that the petitioner had no interest in the case and as such he was ignorant of routine proceedings of Court. She further stateding on 27-04-10, the Court closed the right of cross examination of the petitioner and the case was fixed for evidence of petitioner for 04-05-10 and on 04-05-10 due to non production of evidence, the petitioner was granted one other adjournment and the case was fixed for 13-05-10 but on that date due to absence and non presence of evidence his evidence was closed and also exparte proceedings were initiated against him and case was fixed for final arguments on 20-05-
10. Rest of para was denied.
3. I have heard the counsel for the parties and gone through the record.
4. From the perusal of record of Court it is evident that on 21-04-10 the statements of witnesses of the complainant were recorded and the case kept pending for cross examination the witnesses of complainant for learned counsel for the petitioner but did not turn up and the case was adjourned for 27-04-10 for cross examination on 27-04-10 the learned counsel for the petitioner appeared in the Court and stated that compromise had been affected between the parties and complainant would withdraw the complaint but thereafter, learned counsel did not appear till 02:00pm and ultimately the Court passed adverse order against the petitioner, therefore, in these circumstances there is no occasion for exercise the discretion in favour of present petitioner as he was negligent in prosecuting his case. Moreover, he has taken the ground of Heart attack of aunt of his learned counsel but no medical certificate of any hospital was produced in support of this ground.
Therefore, in these circumstances the petition regarding the cross examination of PW is not accepted and his application is partially dismissed to this extent.
5. So far as the second prayer of petitioner is concerned regarding setting aside exparte proceedings suffice to say that party can join the proceedings at any stage of proceedings, therefore, I am considered opinion that one opportunity should be given to petitioner in the interest of justice so that the version of both the parties can be brought on file. Therefore, the petition is partially accepted to the extent of setting aside exparte proceedings subject to payment of Rs.500/- to compensate complainant for inconvenience caused to her by casual attitude of the present petitioner and case is adjourned for evidence of the petitioner/respondent for 20-09-10.