Petitioner sought quashing of trial court's dismissal of his Section 311 Cr.P.C. application to recall the complainant for further cross-examination in an NI Act cheque dishonour case. The court deemed it dilatory, filed as an afterthought, and dismissed the petition.
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[2024:RJ-JD:34087]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 2759/2024
Nilesh Pareek S/o Shri Brijmohan Pareek, Aged About 44 Years, R/o House No.12, Ganesh Ghati, Udaipur.
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. Bharat Shrimali. |
|---|---|
| For Respondent(s) | : Mr. Mahipal Bishnoi, PP |
| Mr. Ravindra Paliwal -R/2 (through VC) |
HON'BLE MR. JUSTICE ARUN MONGA Order
14/08/2024
[CRLMP-2759/2024]
[2024:RJ-JD:34087]
(2 of 2)
cross-examination of the respondent No.2 – complainant from 13.07.2018 to 12.08.2021 and the statements of the petitioneraccused were recorded on 17.04.2023. If at all, the petitioner wants to bring certain facts before the court, the same can be done at the time of final arguments. Only on the ground that the counsel now engaged on behalf of the petitioner-accused is not satisfied with the cross-examination done by the previous counsel on behalf of the petitioner-accused, the respondent No.2 – complainant cannot be permitted to be re-examined.
(ARUN MONGA),J
53-Rmathur/-
1 issue framed by the court
Whether a Section 311 Cr.P.C. application to recall the complainant for further cross-examination should be granted years after cross-examination concluded.
2 provisions across 2 enactments
Nilesh Pareek
State Of Rajasthan
Smt. Shilpi Dadhich
Arun Monga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
