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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
GANESH RAM MEENA, J
ARUN KUMAR JHIKNADIA – Appellant
Versus
SRINIWAS TALUKA – Respondent
Order :
1. The present criminal misc. petition has been filed by the petitioner with a challenge to order dated 21.09.2024, passed by the Court of Special Judicial Magistrate N.I. Act Cases No.10, Jaipur Metropolitan-I, whereby the application under Section 311 Cr.P.C . filed by the petitioner for allowing one opportunity to cross examine the complainant-witness was dismissed.
2. Counsel for the petitioner submits that the petitioner may be allowed only one opportunity to cross examine the witness in the interest of justice.
3. Considered the submissions made by counsel for the petitioner and also perused the averments made in the present petition and also the application filed by the petitioner under Section 311 CrP.C.
4. As per the facts borne out from the pleadings and the order impugned are that a complaint was filed against the present petitioner under Section 138 Negotiable Instrument Act on 06.02.2019, thereafter, the petitioner appeared for the first time before the learned trial Court on 05.11.2019. The charges were read over to the accused on 25.11.2019 and the matter was posted for the evidence of the complainant and, thereafter, the evidence of complainant was recorded dur
The court held that a party's negligence in utilizing opportunities for cross-examination justifies the dismissal of subsequent applications for such opportunities.
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 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 right to cross-examine a complainant is essential for a fair trial, and its denial violates principles of natural justice and Article 21 of the Constitution.
Recall of witness – Paramount requirement is just decision and for that purpose essentiality of a person to be recalled and re-examined has to be ascertained.
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