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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MUKESH RAJPUROHIT
Raish Subamiya Kasbati S/o Shri Subamiya Dadumiya Kasbati – Appellant
Versus
State Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. filing details and closure of cross-examination. (Para 1 , 2 , 3) |
| 2. arguments regarding the right to cross-examine. (Para 4 , 5) |
| 3. importance of cross-examination in trials. (Para 8 , 9) |
| 4. reinforcement of cross-examination as essential for justice. (Para 10 , 12) |
| 5. final ruling and opportunity for cross-examination granted. (Para 13 , 14 , 15) |
ORDER :
1. The instant Misc. Petition under Sections 528 BNSS (482 Cr.PC.) have been filed against the order dated 19.08.2025 passed by the learned Special Judicial Magistrate, NI Act No.4, Bhilwara in Criminal Regular Case No. 3288/2018, whereby the learned magistrate has closed the cross-examination before its completion by the counsel for the petitioner.
3. Bereft of elaborate details briefly stated the facts necessary for disposal of this petition is that the respondent-complainant had submitted a complaint in the year 2018 for offence under Section 138 of the NI Act with the allegation that the cheque issued by the petitioner in favour of respondent-complainant for Rs.9,96,000/- has been dishonoured by the concerning bank with the remark “Funds Insufficient” thereafter taking cognizance of the offence, process was issued
The right to cross-examine the complainant in dishonor of cheque cases is essential for fair trials, as its denial violates natural justice.
Right to cross-examination is essential in criminal proceedings, and denial without consideration of circumstances is unjust.
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's decision emphasized the importance of ensuring fair opportunities for cross-examination and the consequences of non-compliance.
The court held that under Section 145 of the NI Act, the accused must be allowed to cross-examine the complainant before recording their plea of defence, ensuring the fairness of the trial process.
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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