[2025:RJ-JD:10836]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1343/2025 Santokh Singh @ Santosh Singh S/o Sher Singh, Aged About 72 Years, R/o Village 22 Ps (Near Purna Singh Panchhi House), Tehsil Rai Singh Nagar, Dist. Sriganganagar (Raj.)

----Petitioner Versus Chiranji Lal Gupta S/o Sh. Baijnath, Aged About 70 Years, R/o 3/96, Housing Board Hasta Near Ravidas Chowk, Tehsil And Dist.

Sriganganagar (Raj.)

----Respondent For Petitioner(s) : Mr. Kuldeep Sharma For Respondent(s) : --

HON'BLE MR. JUSTICE FARJAND ALI

Order

24/02/2025

1. By way of instant criminal misc. petition, challenge has been made to the order dated 22.05.2024 passed by the learned Judicial Magistrate No.2, Sriganganagar in Criminal Case No.3592/2018 whereby an opportunity to lead evidence has been closed for the complainant.

2. Learned counsel for the petitioner submits that the petitioner is the complainant of the case involving offence under Section 138 of NI Act.

3. Learned counsel further submits that there have been some lapses on the part of the petitioner but if for that his opportunity to lead evidence is closed, he would be left remediless, which would not be in accordance with the spirit of justice. He submits that the petitioner is ready and willing to deposit the cost of proceedings for the inconvenience caused due to non- producing the evidence on the dates given, but at the same time, he should not be deprived from his right to lead evidence.

4. Heard and perused the material as made available by learned counsel for the petitioner.

5. Although the proceedings before the learned trial Court is pending since long, but looking to the facts and circumstances of the case and the willingness of the petitioner to deposit the amount of cost for the inconvenience caused in not producing the evidence on earlier occasions, I deem it appropriate to grant one last opportunity to lead evidence to him with the stipulation that on the coming next date, the accused-petitioner shall make available his witness before the learned trial Court for the purpose of examination, subject to payment of cost of Rs.2000/- with the Rajasthan Legal Services Authority.

6. Accordingly, this criminal misc. petition is hereby allowed. The order impugned dated 22.05.2024 is set aside and it is directed that the complainant-petitioner shall produce his evidence in the trial court on the coming next date and he shall be examined as per the direction of the learned trial Court provided that the cost of Rs.2000/- to be paid with the Rajasthan Legal Services Authority shall be deposited by the complainant- petitioner on the next date of hearing, failing which, the trial Court shall not permit the complainant-petitioner to produce his witness. 7. Needless to observe that if the evidence is not produced on the date to be fixed by the learned trial Court, the right to lead evidence shall be deemed to be closed without any further reference.

8. The stay application also stands disposed of accordingly.

(FARJAND ALI),J

64-Samvedana/-