IMPORTANT POINT
The doctrine of res judicata applies in criminal proceedings, preventing successive applications for the same relief after a final order.

JUDGMENT :

Mr. Mahendar Kumar Goyal, J. - This criminal miscellaneous petition under Section 482 CrPC has been filed assailing the legality and validity of the order dated 04.02.2023 passed by the learned Additional Judicial Magistrate No.2, Beawar (for brevity "the learned trial Court") in Regular Criminal Case No.1225/2019 whereby, an application filed by the accused-petitioner under Section 311 CrPC has been dismissed.

2. The relevant facts in brief are that in the trial arising out of a complaint filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881, the petitioner filed an application under Section 311 CrPC for recalling the complainant for cross-examination which has been dismissed by the learned trial Court vide order dated 04.02.2023.

3. Assailing the order, the only contention advanced by the learned counsel for the petitioner is that he may be granted one opportunity to cross-examine the complainant at reasonable cost lest it may prejudice his defense. He, therefore, prays that the criminal miscellaneous petition be allowed, the order dated 04.02.2023 be quashed and set aside and the application filed by him under Section 311 CrPC be allowed.

4. Per contra, learned counsel for the respondent, supporting the findings recorded by the learned trial Court, opposed the prayer.

5. Heard. Considered.

6. A perusal of the order dated 04.02.2023 reveals that the right of cross-examination was closed on 03.03.2022 as the petitioner failed to avail this opportunity despite its availability to him. Thereafter, on 27.07.2022, the learned trial Court dismissed an application filed by the petitioner under Section 311 CrPC for recalling the complainant for cross-examination. This order attained finality as it was not assailed further. The petitioner filed yet another application dated 04.02.2023 under Section 311 CrPC for recalling the complainant for cross-examination which has been dismissed by the learned trial Court vide order impugned. Despite repeated requests, learned counsel for the petitioner could not satisfy this Court as to maintainability of this successive application under Section 311 CrPC.

7. In the considered opinion of this Court, once the order dated 27.07.2022 rejecting the earlier application filed by the petitioner under Section 311 CrPC has attained finality, the successive application with the same relief was not maintainable as it is trite law that the doctrine of res judicata, being a principle of public policy, is applicable in criminal proceedings as well.

8. Resultantly, this criminal miscellaneous petition is dismissed being devoid of merit. Pending application also stands disposed of accordingly.