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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 7593/2019

Yashpal Singh S/o Shri Mahendra Singh, Aged About 45 Years, R/o J-131, Ashok Chouck, Aadarsh Nagar, Jaipur, Raj.

----Petitioner Versus

1. State of Rajasthan, Through PP.

2. Laxminarayan S/o Shri Arjun Lal, R/o Plot No.398, Shriram Tila, Lankapuri, Jaipur, Raj.

3. Premchand Mourya S/o Laxminarayan, R/o Plot No.398, Shriram Tila, Lankapuri, Jaipur, Raj., Has Been Impleaded

Party By Order Dated 22.12.2012.

----Respondents

For Petitioner(s) : Ms. Rekha Jain For Respondent(s) : Mr. Vivek Choudhary-PP

JUSTICE ANOOP KUMAR DHAND

Order

30/03/2026

1. By way of filing the instant petition, a challenge has been led to the impugned order dated 16.04.2019, passed by the Special Metropolitan Magistrate (N.I.Act Cases) No. 6, Jaipur Metropolitan, by which the application submitted by the accused-petitioner under Section 311 Cr.P.C for granting one last opportunity for cross-examination of the complainant-respondent has been

rejected.

2. Learned counsel for the petitioner submits that the petitioner is facing trial for the offence under Section 138 of the Negotiable Instruments Act, 1881 before the Trial Court, but on account of some difficulties faced by the petitioner, the opportunity of cross-examination of the complainant could not be

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availed by him and the said opportunity was closed. Thereafter, an application under Section 311 Cr.P.C. was submitted by the petitioner for granting last opportunity for the aforesaid purpose, however, the same was rejected vide impugned order dated 16.04.2019. Hence, one last and final opportunity be granted to the petitioner subject to suitable costs to be imposed upon him by

the Court.

3. Heard and considered the submissions made at Bar and

perused the material available on record.

4. Perusal of the impugned order and the documents available on record indicate that a complaint under Section 138 of the Negotiable Instruments Act, 1881 was submitted against the petitioner by the complainant on 23.04.2009, wherein cognizance was taken against him on 04.01.2010 and substance of accusation against the petitioner was recorded on 14.03.2014. Thereafter, the affidavit of the complainant was submitted on record on 22.05.2014 and subsequently several dates were posted for the purpose of cross-examination of the complainant and on every instance, time was sought by the petitioner for cross-examination with the complainant and finally, one last opportunity was granted to him on 11.06.2015 subject to payment of cost of Rs. 500/- by the petitioner and then again further opportunities were granted to him on 07.02.2018 and 15.02.2018. At this stage, an application was submitted by the petitioner under Section 91 Cr.P.C, hence the case was deferred to the next date and the said application was decided on 11-04-2019 and the case was deferred some other day by imposing a cost upon the petitioner. However the petitioner has failed to avail all these opportunities granted to

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him by the trial Court, that is why the opportunity of cross- examination of the complainant was closed on 26-02-2019. Thereafter, an application was submitted by the petitioner under Section 311 Cr.P.C for granting him one more opportunity to cross- examine the complainant. It appears that the whole and sole object of the petitioner was to delay the disposal of the complaint submitted by the complainant against the petitioner in the year 2009 i.e. why since 2014 till 2019 not a single opportunity was availed by the petitioner for cross-examination of the complainant. Hence more than 5 years have passed and the Court below has not committed any error in closing the opportunity of the petitioner for cross-examination of the compla