SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2018 Supreme(Raj) 2018

P.K. LOHRA
Mohan Bhai Bhalla Bhai Boi – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. S.P. Bhati, Advocate, for the Petitioner; Mr. O.P. Rathi, Public Prosecutor, for the Respondents; Mr. Bharat Boob, Advocate, for the Complainant

JUDGMENT

Mr. P.K. Lohra, J. - Accused-petititoner has preferred this misc. petition under Section 482 Cr.P.C., 1973 to assail impugned orders dated 03.03.2017 and 24.06.2017, passed by Civil Judge and Metropolitan Magistrate No.9, Jodhpur (for short, 'learned trial Court). The learned trial Court in a complaint case under section 138 of the Negotiable Instruments Act has closed right of accused-petitioner to cross-examine the complainant on 03.03.2017. Later on, at the behest of petitioner an endeavor was made for reconsidering his prayer to permit him to cross-examine the complainant, but the same was also turned down by the learned trial Court on 24.06.2017. The learned trial Court, while rejecting the prayer of petitioner, has observed that the complainant appeared on eight occasions but was not cross-examined by counsel for the petitioner on one pretext or other. It is in that background, learned trial Court has declined to exercise discretion in favour of the petitioner.

2. I have considered the submissions made at the Bar and also examined the alleged criminal delinquency of the petitioner, which is for offence under section 138 of the Negotiable Instruments Act.

3. True it is

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top