SANDHYA BHANDARI (SMT.) Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been filed by the petitioners challenging the order dated 01.09.2012 passed by the learned Metropolitan Magistrate (N.I. Act Cases) No. 1, Jodhpur in Cr. Regular Case No. 400/2011 Laxmi Chand Vs. Smt. Sandhya Bhandari & Anr. whereby, the cross-examination of the complainant at the instance of the accused was closed.

(2.) Shri Dharmendra Surana, learned counsel for the petitioners urges that the closure of the cross-examination of the complainant virtually amounts to depriving the accused from an appropriate opportunity to defend them. He submits that the learned trial Judge should have granted at least one last opportunity to the accused to cross-examine the complainant. He further submits that the petitioners are ready to bear the cost of summoning of the complainant in the Trial Court but prays that the petitioners be given one last opportunity to cross-examine the complainant.

(3.) Shri D.K. Sharma, learned counsel appearing for the complainant respondent No. 2 vehemently opposes the prayer made by the learned counsel for the petitioners. He urges that ample opportunities were provided to the accused to cross-examine the complainant. Even a last opportunity was given to the accused on 6.6.2012 for cross-examining the complainant but thereafter, the accused did not avail the opportunity and therefore, they should not be given any further leniency in the matter.