Prithvi Utility Service Pvt. Ltd. vs Puran Singh Chauhan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Raj) 2358

MAHENDAR KUMAR GOYAL
Prithvi Utility Service Pvt. Ltd. – Appellant
Versus
Puran Singh Chauhan – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Yunus Khan
For the Respondent: Ms. Bismaad Kaur Saluja

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. Pe

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