LAWS(RAJ)-2023-12-197

SUNIL KHATIK Vs. LALIT KUMAR GORANA

Decided On December 12, 2023
Sunil Khatik Appellant
V/S
Lalit Kumar Gorana Respondents

JUDGEMENT

(1.) By way of present petition filed under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), petitioner has challenged the order dtd. 16/9/2022 passed by learned Special Judicial Magistrate, NI Act Cases No. 4, Udaipur (hereinafter referred to as ' learned trial Court'), whereby the petitioner's application under Sec. 311 of the Cr.P.C. has been rejected.

(2.) Narrated briefly the facts germane are that the petitioner is an accused in a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'NI Act') filed by the respondent.

(3.) On 1/4/2022, the learned trial Court has closed petitioner's right to cross-examine the complainant. Thereafter, the present petitioner moved an application on 3/8/2022 under Sec. 311 of the Cr.P.C. and prayed that the order dtd. 1/4/2022 be recalled and/or his application under Sec. 311 of the Cr.P.C. be allowed and he be permitted to cross- examine the complainant.