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MAHENDAR KUMAR GOYAL
Mukesh Choudhary – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Mr. Mahendar Kumar Goyal, J. - This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed for quashing the order dated 07.10.2023 passed by learned Special Judge (Fake Currency Cases), Jaipur Metropolitan-I (for brevity, 'learned Revisional Court') in Revision Petition No.13/2023 (CIS No.411/2023) (CNR No.RJJM01-008070- 2023) whereby, while dismissing the revision petition preferred by the accused petitioner, the order dated 10.07.2023 passed by learned Special Metropolitan Magistrate (NI Act Cases) No.9, Jaipur Metropolitan-I (for brevity, 'learned trial Court') in Case No.79/2022 rejecting the application filed by the petitioner under Section 311 Cr.P.C., has been affirmed.
2. The relevant facts in brief are that in a criminal case arising out of a complaint filed by respondent No.2/complainant (for brevity, 'complainant') under Section 138 of the Negotiable Instruments Act, 1881, when the petitioner failed to cross-examine the complainant, his this right was closed by learned trial Court vide order dated 25.04.2023. On an application filed by the petitioner under Section 311 Cr.P.C., vide order dated 08.05.2023, the learned trial Court afforded him an op
The court upheld the dismissal of a petition for failing to cross-examine the complainant, emphasizing the importance of compliance with court orders and procedural timelines.
The doctrine of res judicata applies in criminal proceedings, preventing successive applications for the same relief after a final order.
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 a party's negligence in utilizing opportunities for cross-examination justifies the dismissal of subsequent applications for such opportunities.
The accused's repeated absences and conduct justified the trial Court's decision to close the right to cross-examine the complainant.
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