JAGDISH PRASAD Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Crimial P.C. has been filed by the petitioner being aggrieved with the order dated 18.03.2016 passed by Additional Sessions Judge, Jaitaran, District Pali (hereinafter referred to as 'the revisional court') in Criminal Revision Petition No.65/2015, whereby the revision petition filed by the petitioner has been dismissed. The said revision petition was preferred by the petitioner being aggrieved with the order dated 27.10.2015 passed by Additional Chief Judicial Magistrate, Jaitaran, District Pali (hereinafter referred to as 'the trial court') in Criminal Case No.302/2007, whereby the application filed by the petitioner under Sec. 311 Crimial P.C. with the request to recall the complainant for further evidence has been rejected.

(2.) Brief facts of the case are that the proceedings under Sec. 138 of the Negotiable Instruments Act is pending against the petitioner, wherein the recording of statements of complainant started on 23.07.2011 and ultimately completed on 06.08.2015. In between several opportunities were granted to the accused petitioner to cross-examine him. Thereafter, the statements of petitioner was recorded on 18.09.2015 and he was granted several opportunities to produce evidence in defence. After seeking several opportunities to produce evidence in defence the petitioner had moved an application under Sec. 311 Crimial P.C. before the trial court with a prayer to recall the complainant for recording his further evidence.

(3.) The trial court, after taking into consideration the above noted facts and circumstances of the case, rejected the application under Sec. 311 Crimial P.C. while observing that the petitioner moved the said application with the intention to delay the trial of the case.