RAMESH KANOJIYA Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Cr.P.C. has been field by the petitioner being aggrieved with the order dt. 01.11.2014 passed by Additional Chief Metropolitan Magistrate No. 1, Jodhpur Metropolitan (hereinafter referred to as 'the trial court') in Criminal Case No. 1384/2012, whereby the trial Court has rejected the application filed by the petitioner under Sec. 311 Cr.P.C. with a prayer for recalling the petitioner for giving further evidence. At the instance of the petitioner, proceeding under Sec. 138 Negotiable Instrument Act is pending against the respondent No. 2. The petitioner has submitted his affidavit in support of the complaint on 15.10.2011. On 22.05.2012, the counsel for the complainant had started cross-examination of the petitioner, however, the same was deferred on two occasions. In the meantime, the respondent No. 2 had moved an application under Sec. 91 Cr.P.C. The said application was disposed of on 25.09.2013 and the next date was fixed as 24.10.2013 for the purpose of further cross-examination of the petitioner. On that day, the counsel for the petitioner has informed the trial Court that the petitioner does not want to depose further, therefore, the evidence of the petitioner was closed.

(2.) On the next date of hearing, the petitioner had moved an application under Sec. 311 Cr.P.C. with a prayer that the evidence of the petitioner has been closed at the request of counsel for the petitioner because the counsel for the petitioner was under impression that his cross-examination was over. The trial Court after taking into consideration the application and after hearing the counsel for the parties has rejected the application filed by the petitioner under Sec. 311 Cr.P.C. while observing that the counsel for the petitioner has requested for closing the evidence of the petitioner despite having knowledge that the cross-examination of the petitioner was not over.

(3.) Being aggrieved with the rejection of the application under Sec. 311 Cr.P.C. vide order dt. 01.11.2014 passed by the trial Court, the petitioner has filed this criminal misc. petition.