Allowed

Surajnarain Choudhary v. State of Rajasthan and Anr.

Rajasthan HC8 Jan 2018CRLMP/568/2016

Case brief

AI extract

What is this about?

The Single Judge allowed the petition seeking a belated opportunity for the accused to cross-examine the complainant in a Section 138 NI Act case. The court imposed a strict condition requiring the accused to deposit Rs. 10,000/- prior to the examination.

What did the court decide?

Left to cross-examine the complainant once, subject to depositing Rs. 10,000/- with the trial court; no further opportunity shall be granted.

Surajnarain Choudhary Vs State of Rajasthan and Anr. — Cheque Dishonour | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misccellaneous (Petition) No. 568 / 2016

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Surajnarain Choudhary

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----Petitioner

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Versus

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State Of Rajasthan And Anr

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----Respondent

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For Petitioner(s) : Mr. Prem Chand Dewanda For Respondent(s) : Ms. Meenakshi Pareek, PP

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HON'BLE MR. JUSTICE DEEPAK MAHESHWARI

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Order

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08/01/2018

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Heard learned counsel for the petitioner. None present on behalf of the complainant/respondent No.2 despite service.

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Learned counsel for the petitioner submits that the opportunity of cross-examine the complainant was closed by learned trial Court vide order dated 17.07.2015 on account of the fact that counsel appearing for the accused was not present to cross-examine the complainant and the cost imposed was also not paid. The application moved under Section 311 Cr.P.C to afford the opportunity to cross-examine the complainant was not allowed vide order dated 17.07.2017. On preferring revision against the said order by the accused it was rejected vide order dated 24.11.2015 on the ground that the said order was interlocutary order.

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Learned counsel submits that if the opportunity of crossexamining the complainant is closed then the defence of the

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(2 of 2)

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[CRLMP-568/2016]

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accused shall be seriously jeopardized. He will not be able to established his defence in the complaint filed for the offence under Sectiion 138 of the N.I. Act. His submission is that one last opportunity may kindly be awarded in the interest of justice.

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None has come forward to contest the petition on behalf of the complainant.

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There cannot be two opinion about the fact that closing the opportunity of cross-examining the complainant will certainly jeopardize the defence of the accused-petitioner. But looking to the fact that the complaint is pending since the year 2013 and the order impugned was passed by trial Court way back on 17.07.2015, the prayer made by the accused-petitioner can be granted only on certain strict conditions.

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In view of the facts and circumstances of the case and to secure the ends of justice the petition is allowed and single opportunity of cross-examining the complianant is allowed to the accused-petitioner, subject to the condition that the accusedpetitioner shall pay sum of Rs. 10,000/- before the trial Court to the respondent-complainant prior to availing the opportunity of cross-examining him. In case of failure to deposit the amount, such opportunity shall remain closed. It is also made clear that no further opportunity for this purpose shall be granted. The trial Court is directed to get the cross-examination of the complainant done on the very next date fixed before it in the matter.

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(DEEPAK MAHESHWARI) J.

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Arun-49

Surajnarain Choudhary v. State of Rajasthan and Anr.

Case brief

What is this about?

What did the court decide?

Surajnarain Choudhary v. State of Rajasthan and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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