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2010 Supreme(Raj) 102

MAHESH BHAGWATI
MAHESH CHAND KHANDELWAL – Appellant
Versus
SURENDRA KUMAR DAD – Respondent


Advocates: Prahlad Sharma,

BHAGWATI, J.

( 1 ) BY way of this petition filed u/s. 482 of Cr. P. C. , the petitioner has prayed to set aside the order dated 20th August, 2009 rendered by the Additional Chief Judicial Magistrate No. 7, Jaipur City, Jaipur in Criminal Case No. 4136/2008 whereby he prayed to grant permission to cross-examine the complainant.

( 2 ) HEARD learned counsel for the petitioner and carefully scanned the impugned order dated 20th August, 2009. ( 3 ) HAVING perused the impugned order, it is noticed that the complainant filed an affidavit before the learned trial Court and the case was fixed for recording the cross examination on 21st February, 2009. The learned counsel for the petitioner did not avail the opportunity of cross-examination and on his request the case was adjourned to 23rd March, 2009 and thereafter on 30th april, 2009 it was submitted by the learned counsel for the petitioner before the learned trial Court that both the parties are endeavouring to compound the case but finally the parties came out with the submission that the compromise between them was not possible. The learned trial Court thereafter fixed the case for recording the statements of the accused under Section





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