Allowed

Akhtar Hussain Son of Shri Mehmood Ali v. Raseed Ali Son of Shri Roshan Ali

Rajasthan HC16 Jul 2021CRLMP/2491/2021

Case brief

AI extract

What is this about?

The High Court allowed the S.B. Criminal Miscellaneous petition under Section 482 Cr.P.C. permitting the petitioner in a cheque dishonour case one more opportunity to cross-examine the witness at the cost of Rs. 5,000 to the petitioner.

What did the court decide?

Petition allowed; impugned orders set aside; petitioner given one more opportunity to cross-examine respondent on cost of Rs. 5,000.

Akhtar Hussain Son of Shri Mehmood Ali Vs Raseed Ali Son… — Cheque Dishonour | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 2491/2021

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Akhtar Hussain Son Of Shri Mehmood Ali, Resident Of 482 Rajiv Nagar Kacchi Basti, Bhatta Basti, Police Station Bhatta Basti, Ramnagar, Shashtri Nagar, Jaipur (Raj).

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----Petitioner

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Versus

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Raseed Ali Son Of Shri Roshan Ali, Resident Of A 134 Bhatta Basti, Police Station Bhatta Basti, Shashtri Nagar, Jaipur (Raj).

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----Respondent

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For Petitioner(s) : Mr. Manak Chand Jain, Adv. For Respondent(s) :

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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16/07/2021

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Petitioner has filed this petition under Section 482 Cr.P.C. against the order dated 05.10.2019 and 10.02.2020 passed by Special Metropolitan Magistrate (N.I. Act Cases) No.7, Jaipur Metropolitan in Criminal Case No.1590/2018 and application filed by the petitioner under Section 311 Cr.P.C. dismissed on 10.03.2021 by the Additional District & Sessions Judge No.8, Jaipur Metropolitan-II in Criminal Revision No.25/2020.

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Learned counsel for the petitioner submits that the respondent has filed a complaint under Section 138 of Negotiable Instruments Act against the petitioner. Statement of the respondent was recorded on 05.10.2019. Due to unavoidable reasons, learned counsel for the petitioner could not crossexamine the respondent on that day. Without giving any opportunity learned trial court had closed the cross-examination of

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(2 of 2) [CRLMP-2491/2021]

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the respondent. Learned counsel for the petitioner also submits that on very day, learned counsel for the petitioner also filed an application under Section 311 Cr.P.C. for cross-examination of the respondent but trial court rejected the said application on 10.02.2020 without assigning any cogent reason. Learned counsel for the petitioner also submits that the petitioner had filed the revision petition of the impugned order but revisional court dismissed the revision filed by the petitioner on account of nonmaintainability. Learned counsel for the petitioner also submits that one more chance be given to the petitioner for crossexamining the respondent otherwise the petitioner will suffer greater hardships.

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I have considered the arguments advanced by learned counsel for the petitioner and perused the impugned order. In the interest of justice, I am inclined to grant one more opportunity for cross-examining to the petitioner on cost.

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The petition filed by the petitioner is allowed. The orders of trial court dated 05.10.2019, 10.02.2020 and revisional court dated 10.03.2021 are set aside. Trial court is directed to give one more opportunity to the petitioner for cross-examining the respondent at the cost of Rs.5,000/-.

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The stay application also stands disposed of.

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(NARENDRA SINGH DHADDHA),J

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Jatin /24

Akhtar Hussain Son of Shri Mehmood Ali v. Raseed Ali Son of Shri Roshan Ali

Case brief

What is this about?

What did the court decide?

Akhtar Hussain Son of Shri Mehmood Ali v. Raseed Ali Son of Shri Roshan Ali

Case brief

What is this about?

What did the court decide?

What the court decided

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