[2025:RJ-JP:23606] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Petition No. 3181/2025 Yusuf Khan S/o Natthi Khan, Aged About 52 Years, R/o 503, Ramkrishna Apartment, Police Station Shipra Path, Mansarovar, Jaipur. ----Petitioner/Accused Versus 1. State Of Rajasthan, Through P.P. 2. Mukesh Kumar Sharma S/o Shri Gopal Lal Sharma, R/o Village Asarpura, Tehsil Sanganer, District Jaipur (Raj). ----Respondents For Petitioner(s) : Mr. Mohammed Anees For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN (V. J.) Judgment / Order 26/06/2025 1. By way of this instant misc. petition under Section 528 BNSS, the accused-petitioner has challenged the order dated 03.01.2025 passed by learned Additional District and Sessions Judge No.7, Jaipur Metropolitan-I, Jaipur in Criminal Revision No.25/2024 (CIS No.133/2024) whereby, while dismissing the revision petition, the order dated 17.11.2023 passed by the learned Special Metropolitan Magistrate (N.I. Act Cases) No.7, Jaipur Metropolitan-I, Jaipur, has been affirmed. 2. Learned counsel submits that defence evidence is very important for just decision of this case and in the interest of justice, the petitioner may be granted opportunity of providing defence evidence. He, therefore, prays that the orders impugned [2025:RJ-JP:23606] (2 of 2) [CRLMP-3181/2025] dated 03.01.2025 and 17.11.2023 be quashed and set aside and the instant petition be allowed. 3. Having regard to the overall facts and circumstances of the case; considering the submissions made by learned counsel for the accused petitioner and in order to give a reasonable opportunity to the accused petitioner to defend his case, I deem it just and proper to accept the instant misc. petition, subject to the cost of Rs.31,000/- to be paid by the accused petitioner to the complainant. The impugned orders dated 03.01.2025 and 17.11.2023 are quashed and set aside. The trial court shall fix a date for the purpose of defence evidence of the accused petitioner and the petitioner shall produce his evidence accordingly. It is made clear that only one opportunity shall be given to the petitioner for the purpose of producing his defence evidence. In case, the petitioner does not pay the cost to the complainant or fails to produce his evidence in one chance, as directed above, the present order shall lose its currency. 4. With the aforesaid directions, this criminal misc. petition as well as pending application(s), if any, stand disposed of. (ANIL KUMAR UPMAN (V. J.)),J YOGESH/136