Allowed

Mahaveer Prasad Sharma Son of Bhanwar Lal Sharma, v. Jagdish Prasad Sharma Son of Ramgopal Sharma

Rajasthan HC12 Oct 2022CRLMP/5425/2022

Case brief

AI extract

What is this about?

The High Court allowed an application for recall of a complainant in a cheque dishonour case to enable further cross-examination. While a motion to summon a new witness was denied to avoid prejudice, the court imposed ₹10,000 costs as a condition for the recall.

What did the court decide?

Recall of complainant allowed subject to payment of cost of Rs. 10,000/- to the complainant prior to recall.

Mahaveer Prasad Sharma Son of Bhanwar Lal Sharma, Vs… — Cheque Dishonour | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 5425/2022

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Mahaveer Prasad Sharma Son Of Bhanwar Lal Sharma, Resident Of Pujari Charbhujanath Mandir, Bhansu, Tehsil And Police Station Todaraisingh, District Tonk (Raj).

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----Petitioner

¶5

Versus

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Jagdish Prasad Sharma Son Of Ramgopal Sharma, Resident Of Naveen Mandi, Tehsil And Police Station Malpura, District Tonk (Raj).

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----Respondent

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For Petitioner(s) : Mr. Kailash Chandra Pareek, Adv. For Respondent(s) : Mr. Bharat Yadav, Adv.

¶9

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

12/10/2022

Heard the parties.

The petitioner is an accused in Criminal Case No. 975/2018 for offence under Section 138 of the Negotiable Instrument Act.

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The petitioner filed an application under Section 311 Cr.P.C. for recall of the complainant for further cross-examination. The prayer was on the ground that since learned counsel for the accused-petitioner was busy elsewhere, the accused himself asked some questions during cross-examination and the witness was discharged. The petitioner has further prayed for summoning one Geeta Devi as a witness.

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The court below refused the prayer on the ground that at the defence stage, the petitioner may summon Geeta Devi.

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(2 of 2)

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[CRLMP-5425/2022]

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This court is not inclined to interfere with the order of the court below to the extent prayer for summoning Geeta Devi was refused as the petitioner would be at liberty to examine Geeta Devi at the stage of defence, if the petitioner so desires.

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However, the court is of the view that non-cross examination of the complainant on the points raised in the application would cause prejudice to the accused as learned counsel for the accused was not available and the accused himself cross-examined the witness though he is not a legal expert.

¶20

However, from the acts of the accused it cannot be denied that the accused was lethargic in lingering on the proceedings. It is worth to notice that the petitioner had challenged the order of the trial Judge in Criminal Revision No. 18/2021 which was also dismissed on 21/05/2022 by the learned Additional Sessions Judge, Malpura.

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For the substantial justice, recall of the complainant for further cross-examination is allowed subject to payment of cost of Rs. 10,000/- to the complainant. The cost amount should be deposited prior to the recall of the witness. The exercise is to be completed within two months.

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With the aforesaid modification, the petition stands allowed.

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(BIRENDRA KUMAR),J

¶24

ANIL SHARMA /80

Mahaveer Prasad Sharma Son of Bhanwar Lal Sharma, v. Jagdish Prasad Sharma Son of Ramgopal Sharma

Case brief

What is this about?

What did the court decide?

Mahaveer Prasad Sharma Son of Bhanwar Lal Sharma, v. Jagdish Prasad Sharma Son of Ramgopal Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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