Disposed¶27

Umesh Soni S/O Shri Govind Narayan Soni v. State of Rajasthan

Rajasthan HC9 Jan 2025CRLMP/6/2025

Case brief

AI extract

What is this about?

CRLMP No. 6/2025, Rajasthan HC Jaipur (Ashutosh Kumar, J., 09/01/2025): closure of accused-petitioners' right to cross-examine complainant in NI Act complaint Case No. 835/2017 (Shravan Kumar Joshi v. Umesh Soni) before Special Judicial Magistrate (NI Act cases) No.3, Jaipur Metropolitan; one final opportunity granted on cost of Rs. 11,000/- payable before cross-examination; no further opportunity; cross-examination held to be a valuable right; disposed of.

What did the court decide?

Petition disposed of with directions: one last opportunity granted to the petitioners to cross-examine the complainant on payment of Rs. 11,000/- cost, with payment of cost made a pre-requisite and no further opportunity thereafter; pending application(s) also stand disposed of. ¶27

Umesh Soni S/O Shri Govind Narayan Soni Vs State of… — Cheque Dishonour | Rajasthan HC (2025)

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[2025:RJ-JP:1280]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 6/2025

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Umesh Soni S/o Shri Govind Narayan Soni, Resident Of 1668 Brahma Marg, Khawasji Ka Rasta, Ganesh Mandir Ke Pass, Badi Chopad, Jaipur.

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Rekha Soni W/o Umesh Soni, Resident Of 1668 Brahma Marg, Khawasji Ka Rasta, Ganesh Mandir Ke Pass, Badi Chopad, Jaipur

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----Petitioners

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Versus

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State Of Rajasthan, Through P.P.

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Shravan Kumar Joshi S/o Shri Lat Hanuman Sahay Sharma, R/o B-35, Dennagar, Tonk Road, Jaipur.

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----Respondents

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For Petitioner(s) For Respondent(s)

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: Mr. Majhar Hussain, Adv.

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: Mr. Rishiraj Singh Rathore, PP Mr. Govind Gupta, Adv. for respondent no.2

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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09/01/2025

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This petition has been filed against the order dated 17.12.2024 passed by learned Special Judicial Magistrate Court (NI Act cases), No.3, Jaipur Metropolitan First in Case No.835/2017 titled as Shravan Kumar Joshi Vs. Umesh Soni & Anr. by which right to cross-examining the complainant has been closed.

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Mr. Govind Gupta, learned counsel enters appearance and takes notice on behalf of respondent no.2.

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Learned counsel for the petitioners submits that the petitioners have a valuable right to cross-examine the

(2 of 2)

[2025:RJ-JP:1280]

[CRLMP-6/2025]

complainant, however, due to some reason they could not crossexamine the complainant and their right to cross-examine has been closed by the impugned order. Therefore, one opportunity be granted to cross-examine the complainant.

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On the other hand, learned counsel for the complainant submits that various opportunities were granted to the petitioners to cross-examine, even on the cost, but the petitioners failed to cross-examine and even the cost was not paid by the petitioners, therefore, petition is liable to be dismissed.

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Heard learned counsel for the parties and perused the material available on record.

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Considering the facts and circumstances of the case and considering the fact that cross-examination is the valuable right of the petitioners, therefore, one last opportunity on the cost of Rs.11,000/- is given to the petitioners. It is directed that the Court below shall give one last opportunity on the next date of hearing to the petitioners to cross-examine the complainant. No further opportunity shall be given to the petitioners. Payment of cost shall be pre-requisite for cross-examination.

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With the above directions, this petition is disposed of.

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Pending application(s) also stands disposed of.

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(ASHUTOSH KUMAR),J

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Mohita /10

Umesh Soni S/O Shri Govind Narayan Soni v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Umesh Soni S/O Shri Govind Narayan Soni v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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