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MANOJ KUMAR GARG
Jaldeep Swami – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. petition filed against dismissal of cross-examination right. (Para 1) |
| 2. arguments regarding necessity of cross-examination and order legality. (Para 2 , 3) |
| 3. court emphasizes the right to cross-examine and its importance. (Para 4 , 5) |
| 4. court grants an opportunity for cross-examination with conditions. (Para 6) |
| 5. court concludes with the disposal of the petition. (Para 7 , 8) |
JUDGMENT :
MANOJ KUMAR GARG, J.
1. The instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 22.03.2023 passed by learned District and Session Judge, Udaipur by which the learned revisional court dismissed the petitioner's revision petition as not maintainable, preferred against the order dated 06.01.2023 passed by learned Special Judicial Magistrate (NI Act Cases), Court No. 2, Udaipur whereby the learned trial court allowed the petitioner to cross-examine the complainant on payment of cost of Rs. 3,000/- and also imposed a condition that if the petitioner fails to cross-examine the complainant on the given date and time, then his right to cross-examine the complainant shall automatically be closed.
By this petition, the petitioner also chal
Right to cross-examination is essential in criminal proceedings, and denial without consideration of circumstances is unjust.
The right to cross-examine the complainant in dishonor of cheque cases is essential for fair trials, as its denial violates natural justice.
The right to cross-examine can be forfeited through negligence, and courts may reject applications to recall such rights if the accused fails to act timely.
The court held that under Section 145 of the NI Act, the accused must be allowed to cross-examine the complainant before recording their plea of defence, ensuring the fairness of the trial process.
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