KAMLESH SHARMA SON OF SH. BHANWAR LAL SHARMA v. STATE OF RAJASTHAN
CRLMP/2174/2024 · 2025-01-02
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14537 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14537 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:132] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2174/2024 Kamlesh Sharma Son Of Sh. Bhanwar Lal Sharma, Resident Of Near Rawal Hospital, Ajmer Road, Bhankrota, Jaipur, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through P.p.
2. Madanlal Jat Son Of Sh. Bhuraram Jat, Resident Of Village Dahmikhurd, Post Dahmikalan, Jaton Ki Dhani First, Bagru, Tehsil Sanganer, District Jaipur. ----Respondents For Petitioner(s) : Mr. Ram Babu Khandelwal For Respondent(s) : Mr. Manvendra Singh Shekhawat, P.P.
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 02/01/2025
1. On 16.04.2024 following order was passed by the Coordinate Bench of this Court.
" 1. Petitioner is aggrieved by closure of opportunity of cross-examination from the complainant in the criminal complaint for offences under Section 138 NI Act.
2. Counsel for petitioner states that the examination-in-chief of complainant were recorded on 19.10.2023 and thereafter only one opportunity to cross-examine was given and opportunity has been closed. The prayer of petitioner to allow one more opportunity has been declined by the impugned order dated
02.03.2024. Counsel for petitioner submits that petitioner is ready to bear cost of Rs. 10,000/- payable to the complainant in case one last and final opportunity to cross-examine the complainant is granted.
3. Let the notice be issued to the non-petitioner No.2- complainant.
4. In case petitioner deposits/pays cost of Rs. 10,000/- payable to complainant on next date of hearing before the trial Court, the trial Court
[2025:RJ-JP:132] (2 of 2) [CRLMP-2174/2024] shall fix a date for cross-examination of complainant and allow his cross-examination by the petitioner, however, cross examination shall remain subject to final outcome of this petition.
5. In case petitioner shall not deposit the cost, the opportunity of cross-examination granted by this Court in this order shall be deemed to be ceased.
6. List the matter on 10.07.2024."
2.
Learned counsel for the petitioner submits that in compliance of the order passed by the Coordinate Bench of this Court, the petitioner has deposited the cost of Rs.10,000/- which was duly received on 22.04.2024 and the matter was fixed for cross-examination.
3.
Learned counsel for the petitioner further submits that now the petitioner has cross-examined the complainant nothing remains in this petition and therefore, the petition be disposed of.
4. In light of the statement made at par by learned counsel for the petitioner that nothing remains to be decided in the petition, the petition is disposed of.
5. Pending application, if any, also stands disposed of.
(ASHUTOSH KUMAR),J TANISHA /276