[2026:RJ-JD:7210]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 850/2026 Bhupendra Kabra S/o Satya Narayan Kabra, Aged About 35 Years, A-144, Sector No. 5, Gandhi Nagar, Chittorgarh At Present C/o Sushila Devi Mandovra, 38- B, Vinayak Nagar, Chamti Kheda Road, Chittorgarh Raj ----Petitioner Versus

1. State Of Rajasthan, Through Public Prosecutor

2. Roop Lal Dhobi S/o Phakir Chand Dhobi, Ambe Nagar, Nagar Palika Colony, Chittorgarh Raj ----Respondents For Petitioner(s) : Mr. Mohan Ram Choudhary For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

09/02/2026 The present criminal miscellaenous petition is filed under secion Petition under Section 528 BNSS for quashing of the order dated 28.08.2025 passed by the Learned Special Judicial Magistrate (N.I. Act Cases), Chittorgarh, whereby the right of cross-examination of the petitioner-accused was closed in Criminal Regular Case No. 425/2019 for offences under Section 138 of the Negotiable Instruments Act, and further for quashing the order dated 05.01.2026 passed by the Learned District and Sessions Judge, Chittorgarh, whereby the revision petition was dismissed.

Learned counsel for the petitioner submits that when the matter was taken up by the learned Trial Court on 28.08.2025, an complainant. However, since an identical matter was pending before the Hon’ble High Court and an interim order was operating therein, an application was filed on behalf of the petitioner seeking adjournment of the matter so that it could be taken up along with the said case.

It is contended that without considering the said application, the learned Trial Court closed the right of cross-examination of the petitioner on the very same date. Aggrieved thereby, a revision petition was preferred, which also came to be dismissed vide order dated 05.01.2026. Learned counsel further submits that although the application was preferred seeking adjournment, the petitioner now prays that one last opportunity may be granted to permit him to cross-examine the complainant.

This Court has considered the order dated 28.08.2025 and finds that the learned Trial Court closed the right of cross- examination on the same date on which the application seeking postponement was filed by the petitioner.

This Court further finds that the petitioner has not misused the liberty granted to him. Since an interim order was operating in an identical matter pending before the Hon’ble High Court, the petitioner was well within his rights to file the application seeking adjournment; however, the same was not accepted.

Looking to the overall facts and circumstances of the case, this Court deems it appropriate to grant one last opportunity to the petitioner to cross-examine the complainant.

Accordingly, the criminal miscellaneous petition is allowed.

The learned Trial Court is directed to reopen the right of cross- complainant on the next date fixed or as and when the complainant is present, and thereafter proceed further in accordance with law.

With these observations, the criminal miscellaneous petition is allowed. All pending application(s), if any, shall stand disposed of.

(BALJINDER SINGH SANDHU),J

225-Hanuman/-