ROHIT KUMAR VARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed this criminal misc. petition under Sec. 482 Cr. P.C. challenging the order dtd. 10/11/2022 passed by learned Addl. Sessions Judge No. 2, Jaipur Metro II (hereinafter referred to as 'the revisional court') in Criminal Revision No. 60/2022 (662/2022) whereby the learned revisional court allowed the revision preferred by the petitioner subject to cost of Rs.10,000.00 which is to be deposited with District Legal Services Authority, Jaipur and with a direction to pay Rs.20,000.00 to the complainant before the next date fixed in the trial.

(2.) The petitioner is facing trial in a criminal case No. 2757/2015 filed under Sec. 138 of the N.I. Act before the court of learned Special Metropolitan Magistrate (N.I. Act Cases) No. 6 Jaipur Metro II wherein his right to cross- examine Smt. Kesar Devi, wife of the complainant has been closed by the learned trial court. On 1/8/2022, the accused petitioner moved an application for reopening his right to cross-examine Smt Kesar Devi. The learned trial court vide order dtd. 7/9/2022 dismissed the application of the petitioner and posted the matter for statement of accused. Being aggrieved of the order dtd. 7/9/2022, the petitioner preferred a revision before the learned revisional court. The learned revisional court vide order dated 10.1 1.2022, accepted the revision of the petitioner and set aside the order dtd. 7/9/2022 subject to the cost which is to be paid before the next date fixed in the trial court. It was directed by the learned revisional court that cost of Rs.10,000.00 would be deposited with District Legal Services Authority, Jaipur and Rs.20,000.00 would be paid to Smt. Kesar Devi, wife of the complainant. After passing of the said order, the petitioner again moved an application dtd. 11/11/2022 before the learned revisional court seeking extension of time with regard to payment of cost. However, the learned revisioal court dismissed the application vide order dtd. 11/11/2022 and refused to grant further time for making payment of cost. Hence, the petitioner preferred this misc. petition.

(3.) The petitioner presented the misc. petition in the Office on 15/11/2022 i.e., within four days of the order dtd. 11/11/2022. Vide order dtd. 14/12/2022, in order to see the bonafides of the petitioner, this Court directed the petitioner to deposit cost of Rs.20,000.00 before the learned trial court within a week and subject to furnishing of receipt of cost, notices were directed to be issued to respondent No. 2.