[2025:RJ-JP:30044] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3809/2022 Rakesh Sharma S/o Shri Om Prakash Sharma, R/o Plot No. 9, Second Floor, Green Campus, Near Narayan Sagar, Gopalpura, Byepass, Jaipur And Work Place- E-68, Parshuram Automobiles, Narayan Vihar, Gopalpura Byepass, Mansarovar, Jaipur. ----Petitioner Versus 1. State of Rajasthan, through Public Prosecutor. 2. Dr. Anuroop Rai S/o Shri Rameshroop Rai, R/o H-6, Janpath, Shyam Nagar, Ajmer Road, Jaipur. ----Respondents For Petitioner(s) : Mr. Sudhir Jain For Respondent(s) : Mr. Vivek Choudhary, PP Mr. Jai Lodha HON'BLE MR. JUSTICE SUDESH BANSAL Order 05/08/2025 1. With the consent of counsel for both parties, instant misc. petition has been heard finally on merits. 2. Under challenge is the interlocutory order dated 30.03.2022, passed by the Special Metropolitan Magistrate (NI Act Cases) No.12, Jaipur Metropolitan- II, whereby and whereunder the prayer of accused-petitioner to recall the respondent-complainant to complete his cross-examination in the criminal complaint under Section 138 of the NI Act, has been dismissed. 3. Having perused the order impugned and considering the totality of facts and circumstances as also the quantum of cheque to the tune of Rs. 23 lakhs, this Court finds that the cross- examination of complainant by the accused is a part of defense [2025:RJ-JP:30044] (2 of 2) [CRLMP-3809/2022] and in order to give opportunity to accused-petitioner to defend the criminal case under Section 138 of the NI Act, the opportunity of cross-examination should be granted. 4. Counsel appearing on behalf of complainant, though submits that the conduct of petitioner does not warrant any interference, however, states that if indulgence is granted, heavy cost be imposed upon petitioner, payable to the complainant. 5. In view of above, with the consent of counsel for both parties, impugned order dated 30.03.2022 is hereby quashed. 6. The trial Court shall grant accused-petitioner, a last opportunity to complete the cross-examination of respondent- complainant, subject to payment of cost of Rs. 25,000/- to the complainant. The payment of cost shall be condition precedent. 7. Thereafter, the trial Court may proceed to conclude the trial of the present complaint in accordance with law, preferably within a period of six months. 8. Accordingly, instant misc. petition stands disposed of. 9. All pending application(s), if any, stand disposed of. 10. A copy of this order be sent to the trial Court to proceed further. (SUDESH BANSAL),J NITIN /280