AASIF N MIR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Vide order of this Court dated 16.08.2013 in absence of petitioner or his counsel notice was issued to non-petitioner No. 2 but even after lapse of more than 2 years, petitioner failed to file required extra set, therefore, with the consent of learned counsel for the petitioner Shri Pawan Choudhay, the matter was heard finally.

(2.) In this misc. petition, petitioner accused assailed the impugned order dated 25.08.2012 by which learned Court below dismissed the application of petitioners accused submitted under Section 294 Cr.P.C.

(3.) The brief facts of the case are that a complaint under Section 138 NI Act was preferred by respondent complainant M/s Chirag Heritage against the present petitioners before the Court of learned Special Judicial Magistrate (NI Act) No. 2 Jaipur City, Jaipur wherein cognizance was taken against the present petitioners under Section 138 NI Act and they were summoned. After appearance before the Trial Court, petitioners accused moved an application under Sections 294 and 311 Cr.P.C. stating therein that complainant during his cross-examination on 30.09.2011 deposed that:- ...[VERNACULAR TEXT OMITTED]... He further deposed during cross-examination that:- ...[VERNACULAR TEXT OMITTED]...