PW1 has neglected summon for 9 times despite living in the same city, 2 times asked for extra time, 1 time late to court no penalty so far. CW2 absent once, was late once no penalty. Accused filed 70(2), 309 on the same day still court issued penalty 3 times for not abel to hear the case number of Rs 200, Rs 100 and Rs 100. Court marked his presence as absent. Earlier, PW1 took accused lawyers phone number to make compromise he had to retire his laywer and appear as party-in person court imposed 700 penalty for asking time to collect NOC 200 + 500. Recently in May 2024 PW1 asked time court posted cross after 10 days accused requested date change as he was sick. Still court refused he was absent and filed 311 during 311 arguments PW1 informed court she will withdraw the case and was seeking letter from accused. Magistrate asked accused how many times he has been to the court and from which place. Accused answered 70 times and he traveled from a diffrent state. Accused further informed to proceed with the trail to prove the false case and refused to give any letter.
Now my question if courts imposes a cost to cross PW1 can accused file a memo stating all the dates that were missed by PW1 to avoid cost for crossing the witness? Also accused assited police to summon PW1 to the court. Police use to call accused asking PW1 whereabouts as she changed both phone number and address. Accused has primary evidence to prove the malicious compliant. Is there anyway accused can avoid further costs being imposed on him and allow him to prove the case.
