SITARAM SAINI Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) This Criminal Misc. Petition under Sec. 482 Crimial P.C. has been filed against the order dated 10.9.2013 passed by Additional Sessions Judge No.4, Jaipur Metropolitan in Cr. Revision No. 165/2013 whereby order dated 1.7.2013 passed by the learned Judl. Magistrate No.19, Jaipur Mahanagar, Jaipur, by which application of the present petitioner under Sec. 311 Cr.P.C was dismissed, has been upheld.

(2.) The only contention of the learned counsel for the petitioner is that he could not have an opportunity to cross-examine the complainant. The case is pending under 2 Sec. 138 of the Negotiable Instrument Act, hence one last opportunity of cross-examination the complainant be accorded.

(3.) Learned counsel for the respondent has submitted that earlier court below has given ample opportunity to cross-examine the complainant to the present petitioner but he willfully has not availed the same. Looking to the fact that complainant has not been cross-examined who is the main witness of the case, hence only one and last opportunity to cross-examine the witness is granted to the petitioner on costs of Rs. 2,000.00. On the next date of hearing, complainant shall remain present before the court below and counsel for the petitioner is free to cross-examine him.