AASIF KHAN Vs. STATE OF RAJASTAN

JUDGEMENT

(1.) Present petition has been filed under Sec. 482 Cr.P.C. praying that the impugned order dtd. 12/5/2017 passed by the Special Metropolitan Magistrate, N.I. Act Cases No.6, Jaipur Metropolitan, whereby application filed by the petitioner was dismissed, be set aside alongwith order dtd. 13/7/2017 passed by the revisional court below.

(2.) Briefly stated, petitioner had issued a cheque in the year 2013 in favour of complainant. The said cheque on presentation bounced. Resultantly, complainant-respondent No.2 filed a complaint in the court of Special Metropolitan Magistrate (N.I. Act Cases) No.6, Jaipur Metropolitan. Complainant appeared on various dates, but counsel for the accused-petitioner did not come forward to extend the cross-examination. On 12/1/2017 cross- examination of complainant was closed and the case was fixed for recording of statement of the accused. The court below noted that before closing the evidence, various opportunities were granted, still cross-examination of complainant-respondent No.2 was not carried.

(3.) This is a case where complainant has been harassed. The accused misused the magnanimity of the court. Complainant has been appearing on each and every date, but on one pretext or the other, cross-examination was not carried. The accused simply wanted to delay the proceedings.