Allowed

Birdi Chand Saini S/O Shri Ganesh Saini, v. Rajendra Nagpal S/O Shri Keshwanand Nagpal

Rajasthan HC17 May 2024CRLMP/221/2024

Case brief

AI extract

What is this about?

This high court order allows a criminal miscellaneous petition challenging the rejection of an application to recall the complainant for cross-examination. The court grants one opportunity for cross-examination subject to payment of costs.

What did the court decide?

The impugned order dated 11.12.2023 is quashed; petitioner allowed to cross-examine complainant once upon payment of Rs.21,000.

Birdi Chand Saini S/O Shri Ganesh Saini, Vs… — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JP:23588]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 221/2024

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Birdi Chand Saini S/o Shri Ganesh Saini, R/o A-38, Siwad Area, Amer Road, Jaipur

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----Petitioner

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Versus

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Rajendra Nagpal S/o Shri Keshwanand Nagpal, Partner M/s Goodspeed Tyres (L.l.P.) Amer Road, Jaipur, R/o LPT No. 557/6, Gali No. 6, Rajapark, Jaipur

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----Respondent

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For Petitioner(s) : Mr. Vinod Kumar Singhal

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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17/05/2024

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By way of this instant misc. petition under Section 482 CrPC, the petitioner has challenged the order dated 11.12.2023 passed by learned Special Metropolitan Magistrate (N.I. Act Cases) No.10, Jaipur Metropolitan-I in Criminal Case No.3444/2022 whereby the application under Section 311 Cr.P.C. filed on behalf of the petitioner for recalling the complainant for his cross-examination has been rejected.

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Learned counsel for the petitioner submits that for just decision of the case, the cross-examination of the said witness is very essential and if the prayer of the petitioner is not accepted and cross-examination of the said witness is not allowed to be conducted, the petitioner would not be able to defend his case properly and serious prejudice would be cause to him. He

[2024:RJ-JP:23588]

[CRLMP-221/2024]

(2 of 2)

therefore, prays that in the interest of justice, the petitioner may be given one opportunity to cross-examine the said witness.

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Having regard to the overall facts and circumstances of the case; considering the submissions made by learned counsel for the petitioner and in the interest of justice, the petitioner is given one opportunity for cross-examination of the complainant subject to the payment of cost to the complainant. Accordingly, the impugned order dated 11.12.2023 is quashed and set aside. The instant misc. petition is allowed subject to payment of cost of Rs.21,000/ - to the complainant before the learned trial court. The trial court shall fix a date for the purpose of cross-examination of complainant by the accused petitioner and shall summon the said witness accordingly. On that date, the petitioner shall make payment of cost to the complainant. It is made clear that only one opportunity shall be given to the petitioner for the purpose of cross-examination of the said witness. In case, the petitioner does not make payment of cost to the complainant or fails to complete the cross-examination in one chance, as directed above, the present order shall lose its currency.

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(ANIL KUMAR UPMAN),J

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DEEPA RANI -281

Birdi Chand Saini S/O Shri Ganesh Saini, v. Rajendra Nagpal S/O Shri Keshwanand Nagpal

Case brief

What is this about?

What did the court decide?

Birdi Chand Saini S/O Shri Ganesh Saini, v. Rajendra Nagpal S/O Shri Keshwanand Nagpal

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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