HIRALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 22.10.2019 passed by the Special Metropolitan Magistrate (NI Act Cases) No.5, Jodhpur Metropolitan (for short 'trial court' hereinafter) whereby application filed by the petitioner under Section 311 Cr.P.C. has been rejected.

(2.) The proceedings under Section 138 of the Negotiable Instruments Act, initiated at the instance of respondent No.2 (complainant), are pending against the petitioner. In the said proceedings, on 19.8.2019, the complainant was present before the trial court, however, despite providing opportunities to the counsel for the petitioner, he failed to cross-examine her and, therefore, the trial court vide order dated 19.8.2019 closed the opportunity of the petitioner to cross-examine the complainant.

(3.) Being aggrieved with the closure of opportunity of the petitioner of cross-examining the complainant, the petitioner preferred an application under Section 311 Cr.P.C. on 7.9.2019 before the trial court with a prayer to recall the complainant so that the counsel for the petitioner may cross-examine her. The trial court vide order dated 22.10.2019 rejected the said application while observing that the complainant is 62 years' old lady and she attended the court on several dates, however, the counsel for the petitioner for one or other excuse did not cross-examine her without there being any sufficient reason and, therefore, the opportunity of the petitioner to cross-examine the complainant was closed. The trial court was of the view that if the application filed by the petitioner under Section 311 Cr.P.C. is allowed, it would amount to review its earlier order, which is not permissible under the law, therefore, the said prayer was rejected and the application filed by the petitioner under Section 311 Cr.P.C. was dismissed.