OMPRAKASH BHARGAVA Vs. HOTAM SINGH KUSHWAH

JUDGEMENT

(1.) Present petition is being filed under Sec. 482 of the Cr.P.C for quashing of the order dtd. 4/6/2019 passed by JMFC First Class, Gwalior in Cr.Case No.11702 of 2015 by which, application filed by the petitioner seeking adjournment for cross-examination has wrongly been rejected.

(2.) It is submitted by counsel for the petitioner that owing to a complaint under Sec. 138 of the Negotiable Instrument Act, the case was fixed for cross-examination of complainant on 4/6/2019 and on that date, an application was filed for seeking adjournment on account of nonavailability of H.M.Singh who was representing the petitioner before learned trial court. Trial court rejected the application vide impugned order dtd. 4/6/2019 and has closed the right of the petitioner for conducting cross-examination of the complainant.

(3.) It is submitted that learned trial court has not considered the provisions of Sec. 309 Sub Sec. 2 IVth proviso clause (c) of Cr.P.C, 1973. It is submitted that it is a valuable right of the petitioner for cross-examination and he submits that one opportunity to crossexamine should be granted to him. Heard learned counsel for the petitioner and perused the documents appended thereto.