Debangana Ray
Published on June 16, 2022 at 19:04 IST
The Rajasthan High Court has stated that pendency or not pendency of a revision petition cannot be a ground to avert cross examination by the trial court.
Justice Pushpendra Singh Bhati, in a plea by one Bheru Lal relating to a case under Income Tax Act, stated that the petitioner’s right to cross examination was closed. However, the court gave him one more opportunity for cross-examination.
The respondent, vehemently opposed the opportunity given to the petitioner stating that he was given a number of chances for cross examination but had made excuses regarding the pendency of revision petition. Thus, wasting precious time of the court.
The court, however, in the interest of justice gave one last opportunity to the petitioner for cross examination after a payment of Rs. 5000 is made by the petitioner.
“After hearing learned counsel for the parties, this Court is of the firm opinion that pendency or not pendency of the revision petition is not a ground for not cross-examining. However, in the interest of justice, one last opportunity is granted to the petitioner, who shall complete the necessary cross-examination on the next date as already fixed by the learned trial court.”
The court stated that no further opportunity of cross examination will given to the petitioner.