CHANDRARAM GAWARIYA Vs. ARPIT GOYAL

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C., 1973 has been filed by the petitioner being aggrieved with the order dated 6.4.2018 passed by the Metropolitan Magistrate No.9, Jodhpur Metro (hereinafter referred to as 'the court below') in Case No.878/2015 - Arpit Goyal v. Chandra Ram whereby the court below has closed the opportunity of the petitioner to cross examine the respondent.

(2.) The proceedings under section 138 of the Negotiable Instruments Act are pending against the petitioner before the court below. The said proceedings were initiated at the instance of the respondent. The statement in chief of the respondent has already been recorded before the court below, however, on account of non-availability of the petitioner or his counsel, the respondent could not be cross-examined and after providing several opportunities to the petitioner, the court below has closed the cross-examination of the respondent.

(3.) Later on the petitioner moved an application under Section 311 Cr.P.C., 1973 with the prayer for recalling the respondent so he may cross-examine him. The court below vide order dated 6.4.2018 rejected the said application.