Partly allowed

Gordhan Singh v. Parbat Singh

Rajasthan HC15 Jul 2024CRLMP/2371/2024

Case brief

AI extract

What is this about?

The High Court allowed the petitioner's application to recall a witness for cross-examination, holding that the trial court should have considered mitigating circumstances regarding the previous counsel's failure. The lower court's order dismissing the recall application was modified to grant one opportunity to cross-examine the witness upon payment of costs.

What did the court decide?

One effective opportunity granted to cross-examine the complainant witness subject to deposit of Rs. 5,000/- as costs.

Gordhan Singh Vs Parbat Singh — Cheque Dishonour | Rajasthan HC (2024)

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[2024:RJ-JD:28697]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 2371/2024

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Gordhan Singh S/o Shri Gajendra Singh Khinchi, Aged About 53 Years, R/o House No. 338, Mahaveerpuram, Near P.f. Office, Chopasni, Jodhpur.

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----Petitioner

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Versus

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Parbat Singh S/o Mr. Jalam Singh, R/o Jaalam Singh Ji Ka Hattha, Street No. 2, Paota B Road, Jodhpur.

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----Respondent

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For Petitioner(s) : Mr. Himanshu Maheshwari For Respondent(s) :

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HON'BLE MR. JUSTICE ARUN MONGA

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Order (Oral)

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15/07/2024

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Grievance of the petitioner is against an order dated 14.03.2024 passed by learned Special Metropolitan Magistrate (NI Act Cases) No.5, Jodhpur Metro, in Criminal Original Case No.7929/2020, under Section 138 of the NI Act, vide which, application filed by the petitioner under Section 311 Cr.P.C. for recalling the witness has been dismissed.

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Learned counsel for the petitioner argues on the lines of grounds taken in the petition herein urging that petitioner ought not to suffer due to the fault of his earlier counsel for not crossexamining the witness, who is sought to be recalled. There are serious contradictions in his version pleaded in the complaint under Section 138 of the NI Act vis-a-vis his statement recorded in the FIR under Section 420 IPC qua the same very cheque in question.

[2024:RJ-JD:28697]

[CRLMP-2371/2024]

(2 of 2)

2.1 He points out that the petitioner-accused was not aware of the inadvertance caused by the earlier learned counsel and the same was brought to his notice when the earlier counsel returned the brief to him and he had to engage a new counsel.

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Having heard learned counsel for the petitioner, I am of the view that learned trial court ought to have taken a lenient view of the mitigating circumstances. In case, the petitioner is not given the opportunity to cross-examine the material witness, it will severely jeopardized his defence before the court below. He may suffer irreparable loss, resulting in miscarriage of justice. It seems that delay in trial, in case of one more opportunity weighed heavily on the mind of learned trial Judge. Learned trial Court could have given one more last opportunity to the petitioner by compensating the complainant by imposing costs.

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In the premise, the petition is allowed. The order dated 14.03.2024 passed by learned Special Judicial Magistrate (NI Act Cases) No.5, Jodhpur Metro, in Criminal Regular Case No.7929/2020, is modified to the extent that subject to deposit of Rs.5,000/- with the Legal Aid Services, as cost, the petitioner shall be granted one effective opportunity to adduce his evidence by cross-examining the complainant. However, it is made clear that in case due to burden of work or otherwise, if the trial court on its own discretion wants to adjourn the matter and grant further opportunity, it shall be at liberty to do so.

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(ARUN MONGA),J

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Whether fit for reporting : Yes / No

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21-skm/-

Gordhan Singh v. Parbat Singh

Case brief

What is this about?

What did the court decide?

Gordhan Singh v. Parbat Singh

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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