Allowed

Kailash Chand Sharma S/O Shri Badrinarayan Sharma v. Shri Hanuman Meena S/O Late Shri Sitaram Meena

Rajasthan HC16 Jan 2025CRLMP/5038/2023

Case brief

AI extract

What is this about?

High Court allowed S.B. Criminal Miscellaneous Petition under Section 482 Cr.P.C. directed trial court to grant one final opportunity to petitioner for cross-examination of complainant in cheque dishonour case upon payment of Rs.15,000 cost.

What did the court decide?

Granted one last opportunity to cross-examine complainant by trial court, conditional upon payment of Rs.15,000 cost.

Kailash Chand Sharma S/O Shri Badrinarayan Sharma Vs Shri… — Cheque Dishonour | Rajasthan HC (2025)

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[2025:RJ-JP:2283]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Petition No. 5038/2023

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Kailash Chand Sharma S/o Shri Badrinarayan Sharma, Address Higher Grade Assistant, LIC Branch Office-III, Bhawani Singh Road, Jaipur Second Address Shiv Furniture, Shop No. 14, And 15, Near Vivek Vihar, Metro Station New Sanganer Road, Jaipur.

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----Petitioner

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Versus

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Shri Hanuman Meena S/o Late Shri Sitaram Meena, R/o 79A, Surya Nagar, Taron Ki Koont, Tonk Road, Jaipur.

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----Respondent

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For Petitioner : Mr. Shantanu Bansal, Adv. For Respondent : Ms. Mamta Agarwal, Adv. on behalf of Mr. Arvind Sharma, Adv.

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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16/01/2025

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The present petition has been filed under Section 482 of Cr.P.C. against the order dated 11.07.2023 passed by Special Metropolitan Magistrate (NI Act Cases) No.12, Jaipur MetropolitanI, Headquarter Sanganer (hereinafter referred to as the 'trial Court') in Regular Case No.1354/2017 whereby the application filed by the petitioner for providing him an opportunity to crossexamine the complainant was dismissed.

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Learned counsel for the petitioner submits that a complaint for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'Act of

[2025:RJ-JP:2283]

[CRLMP-5038/2023]

(2 of 3)

1881') is pending against the petitioner before the trial Court. Learned counsel for the petitioner also submits that he was busy in arguing other matter in some other Court, therefore, he could not attend the trial Court for cross-examining the complainant in this matter and the petitioner's right to cross-examine the complainant has been closed.

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Before going into the merits of the case, learned counsel for the petitioner submits that the present petition be disposed of at this stage, by granting one last opportunity to cross-examine the complainant.

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On the other hand, learned counsel for the complainant while opposing the prayer made on behalf of the petitioner, submits that various opportunities were granted to the petitioner to crossexamine, but the petitioner failed to cross-examine the complainant and, therefore, the 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 petitioner, therefore, one last opportunity on the cost of Rs.15,000/- is given to the petitioner. It is directed that the Special Metropolitan Magistrate (NI Act Cases) No.12, Jaipur Metropolitan-I, Headquarter Sanganer shall give one last opportunity to the petitioner to cross-examine the complainant. No further opportunity shall be given to the petitioner. Payment of cost shall be prerequisite for cross-examination.

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With the above directions, this petition is disposed of.

[2025:RJ-JP:2283]

[CRLMP-5038/2023]

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Pending application(s) also stands disposed of.

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(ASHUTOSH KUMAR),J

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AARZOO ARORA /83

Kailash Chand Sharma S/O Shri Badrinarayan Sharma v. Shri Hanuman Meena S/O Late Shri Sitaram Meena

Case brief

What is this about?

What did the court decide?

Kailash Chand Sharma S/O Shri Badrinarayan Sharma v. Shri Hanuman Meena S/O Late Shri Sitaram Meena

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

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Case details

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