Partly allowed

Boduram Kumawat S/O Shri Narayan Kumawat, v. Shimbhudayal Agarwal S/O Late Hajari Lal Agarwal

Rajasthan HC8 Feb 2024CRLMP/301/2024

Case brief

AI extract

What is this about?

This Miscellaneous Petition challenges a trial court order denying the petitioner opportunity to cross-examine the complainant in a cheque dishonour case. The High Court quashed the order, allowing one instance for cross-examination conditionally upon payment of costs.

What did the court decide?

The impugned order dated 23.08.2023 is quashed and set aside. The trial court shall fix a date for cross-examination of the complainant. The petitioner shall pay Rs.21,000 as costs.

Boduram Kumawat S/O Shri Narayan Kumawat, Vs Shimbhudayal… — Cheque Dishonour | Rajasthan HC (2024)

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[2024:RJ-JP:6897]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 301/2024

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Boduram Kumawat S/o Shri Narayan Kumawat, R/o Mangalchand Kumawat Ki Dhani Ke Pass, Bas Ka Tiba, Post Niwan Via Tigriya, Tehsil Chomu, District Jaipur.

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----Petitioner

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Versus

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Shimbhudayal Agarwal S/o Late Hajari Lal Agarwal, R/o Mahaveer Colony, Ward No. 12, Agarwal Dharamshala Ke Pass Chomu, Tehsil Chomu, District Jaipur (Legal Heir Of Hajari Lal)

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----Respondent

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For Petitioner(s) : Mr. Amit Jindal

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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08/02/2024

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Learned counsel for the petitioner submits that complainantrespondent filed a complaint under section 138 of NI Act against the petitioner. He submits that matter was listed before the learned trial court on 18.11.2021 and on that day the petitioner failed to appear before the trial court on account of some personal reasons. He submits that trial court recorded the chief examination of the complainant-respondent and opportunity to cross examine the complainant was closed. The petitioner thereafter, on 24.04.2023 moved an application before the trial court to allow him to cross examine the complainant. It is further submitted that vide order dated 23.08.2023, prayer made by petitioner was declined by the trial court.

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I have heard and considered the submissions made by counsel for the petitioner.

[2024:RJ-JP:6897]

[CRLMP-301/2024]

(2 of 2)

Having regard to the overall facts and circumstances of the case; considering the submissions made by learned counsel for the petitioner and in order to give a reasonable opportunity to the accused petitioner to defend his case, I deem it just and proper to accept the instant misc. petition subject to the cost of Rs.21,000/to be paid by the accused petitioner to the complainantrespondent. Accordingly, the impugned order dated 23.08.2023 passed by learned Addl. Chief Metropolitan Magistrate No.10 Jaipur Metropolitan-II, Headquarter Chomu, Jaipur in Criminal Complaint No.1622/2013 is quashed and set aside. The trial court shall fix a date for the purpose of cross-examination of complainant-respondent and shall summon the said witness accordingly. Upon appearance, the accused petitioner shall pay cost to the complainant-respondent before the trial court. It is made clear that only one opportunity shall be given to the petitioner for the purpose of cross-examination of the said witness.

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The misc. petition stands disposed of accordingly.

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(ANIL KUMAR UPMAN),J

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GAUTAM JAIN/334

Boduram Kumawat S/O Shri Narayan Kumawat, v. Shimbhudayal Agarwal S/O Late Hajari Lal Agarwal

Case brief

What is this about?

What did the court decide?

Boduram Kumawat S/O Shri Narayan Kumawat, v. Shimbhudayal Agarwal S/O Late Hajari Lal Agarwal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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