JALDEEP SWAMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition under Sec. 482 Cr.P.C. has been filed by the petitioner against the order dtd. 22/3/2023 passed by learned District and Session Judge, Udaipur by which the learned revisional court dismissed the petitioner's revision petition as not maintainable, preferred against the order dtd. 6/1/2023 passed by learned Special Judicial Magistrate (NI Act Cases), Court No. 2, Udaipur whereby the learned trial court allowed the petitioner to cross-examine the complainant on payment of cost of Rs.3,000.00 and also imposed a condition that if the petitioner fails to cross-examine the complainant on the given date and time, then his right to cross-examine the complainant shall automatically be closed.

(2.) Learned counsel for the petitioner submitted that the petitioner had no intention to delay the trial and due to genuine reasons, he could not appear before the trial court to cross examine the complainant and the trial court closed his right to cross-examine the complainant. Counsel submits that order of the trial court Closing the right of the petitioner to cross- examine the complainant is perverse and illegal. Counsel submits that the learned revisional court has also committed error in dismissing the revision as not maintainable. Counsel submits that in the interest of justice, at least one opportunity ought to have been given to the petitioner to cross-examine the complainant as the matter relates to offence under Sec. 138 NI Act and in NI cases, cross-examination of the complainant is very much essential for just decision of the case.

(3.) Learned Public Prosecutor and counsel for respondent No. 2-complainant have vehemently opposed the prayer made by the counsel for the petitioner and submitted that despite opportunity given by the trial court on payment of cost of Rs.3,000.00 the petitioner failed to deposit the cost and also failed to cross-examine the complainant on the given date and time. The order of the trial court as well as revisional court does not suffer from any illegality and perversity, hence requires no interference from this Court.