LALARAM KUSHWAH Vs. RAJESH JAIN

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C. has been preferred by the petitioner, assailing the order dated 04.04.2019 passed by the Lalaram Kushwah vs. Rajesh Jain Judicial Magistrate First Class, Gwalior in Criminal Case No.3286/2016 by which, application filed by the petitioner for summoning the details from the complainant has been rejected.

(2.) Learned counsel for the petitioner submitted that the trial Court has committed jurisdictional error by passing the impugned order, which is against the principle of natural justice. Learned counsel for the petitioner further submitted that the complainant in para 12 of his crossexamination has admitted that the petitioner/accused Lalaram has paid entire amount through cheque, which was given to him and therefore, on the basis of the said admission, the petitioner submitted application for summoning the details of the amount withdrawn by the complainant from the account of the petitioner/accused, which was rejected by the court below and thereby right of the petitioner to cross examined the complainant has also been closed. Therefore, learned counsel for the petitioner prayed for allowing this petition and further prayed for accepting the application filed by the petitioner before the Court below. In support of his submission, learned counsel for the petitioner has placed reliance the order passed by the Coordinate Bench of this Court vide order dated 12.07.2019 passed in M.Cr.C.No.25668/2019.

(3.) To the contrary, learned counsel for the respondent opposed the submissions on the ground that the application has been filed by the petitioner with a view to avoid the evidence before the trial Court, hence, prayed for dismissal of the petition.