PRADEEP KUMAR KALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing of the instant petition, a challenge has been made to the impugned order dtd. 17/8/2023 passed by Special Judicial Magistrate Pilot Study (NI Act) Cases No. 4 Jaipur Metro-1 by which the application filed by the petitioner under Sec. 311 Cr.P.C. seeking an opportunity to cross-examine the complainant has been rejected.

(2.) Learned Counsel for the petitioner submits that the petitioner is facing trial for the offence under Sec. 138 of Negotiable Instruments Act and on the fateful day, i.e. 19/5/2023, during morning hours all of sudden, the Counsel for the petitioner went to fetch his son due to which he could not appear before the Trial Court and until about 1.20 PM, opportunity of cross-examination was closed. Counsel submits that thereafter, an application was submitted by the petitioner under Sec. 311 Cr.P.C. on 31/7/2023 and said application has been rejected vide impugned order dtd. 17/8/2023.

(3.) Counsel submits that cross-examination is the statutory right of an accused for conducting a fair trial and hence, in the interest of justice, last opportunity be granted to the petitioner subject to payment of adequate amount of cost to the complainant.