R/SCR.A/4081/2025 ORDER DATED: 03/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 4081 of 2025 ========================================================== MANUBHAI BHURABHAI PARMAR Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. MAULIK M SONI(7249) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2 MR MANAN MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 03/10/2025 ORAL ORDER 1. Heard learned advocates for the respective parties. Though served, none appears for the respondent No.2. 2. By way of this application, the applicant has prayed to quash and set aside the order dated 22.01.2025 below Exhibit 32 passed by the learned Judicial Magistrate First Class, Upleta, Rajkot in Criminal Case No.1702 of 2023, whereby the right of the applicant-accused to cross-examine the complainant came to be closed and the matter was kept for further recording of the statement of the accused. 3. It appears from the record that the applicant has been negligent in defending himself. The matter was instituted in the year 2023. The chief examination of the complainant was completed, and on 26.02.2024 the right of the accused to cross- examine the complainant was closed. Thereafter, the applicant preferred an application below Exhibit 24 seeking to reopen his right to cross-examine the complainant. The learned trial Court, by order dated 20.04.2024, allowed the said application subject R/SCR.A/4081/2025 ORDER DATED: 03/10/2025 to the condition that no further adjournments would be granted. 4. Despite the aforesaid liberty, the applicant-accused again remained absent and failed to avail the opportunity. Consequently, on an application filed by the complainant at Exhibit 29, the learned Magistrate once again closed the right of cross-examination of the complainant. Being aggrieved and dissatisfied with the said order, the applicant has approached this Court. 5. On perusal of the record, it appears that the proceedings under Section 138 of the Negotiable Instruments Act are required to be completed within six months. However, in the present case, despite repeated opportunities, the applicant has failed to exercise his right of cross-examination. The conduct of the applicant shows negligence and an attempt to delay the proceedings. At the same time, denial of cross-examination may result in a plea of denial of fair trial. 6. In order to balance the rights of both the complainant and the accused, and considering the negligent conduct of the applicant, this Court deems it fit to allow the reopening of the right of cross-examination of the complainant, subject to stringent conditions and costs. 7. Accordingly, the right of the applicant-accused to cross- examine the complainant is ordered to be reopened, subject to payment of costs of Rs.25,000/- and compliance with the following conditions: R/SCR.A/4081/2025 ORDER DATED: 03/10/2025 (i) The applicant shall pay costs of Rs.10,000/- to the complainant and Rs.15,000/- to the State Legal Services Authority, High Court of Gujarat. (ii) The applicant shall remain present before the trial Court on the appointed date without fail and shall cross-examine the complainant. The cross-examination of the witness shall be completed on the same day without seeking any adjournment. (iii) The applicant shall file an undertaking before the trial Court. In case the applicant-accused fails to remain present before the trial Court or fails to cross-examine the complainant/witness on the date fixed by the court then, it shall be presumed by the Court that the accused is not interested in defending himself and the trial Court shall be at liberty to proceed ex-parte against the accused in accordance with law and dispose of the matter expeditiously. 8. With the aforesaid directions, the application stands disposed of. D.S. Permitted. (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 03/10/2025 18:52:35