RAMAVTAR GOYAL S/O BANSHIDHAR GOYAL v. KAMAL AGARWAL S/O SH. KEDARMAL AGARWAL
CRLMP/7978/2023 · 2025-08-05
Sudesh Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34535 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34535 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:30042] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7978/2023 Ramavtar Goyal S/o Banshidhar Goyal, Aged About 60 Years, R/o 02, Ekta Marg, Vijay Badi, Path No. 7, Sikar Road, Distt. Jaipur. ----Petitioner Versus Kamal Agarwal S/o Sh. Kedarmal Agarwal, Aged About 57 Years, R/o 25, Bandhu Nagar, Sikar Road, Jaipur. ----Respondent For Petitioner(s) : Mr. Rudraksh Sharma For Respondent(s) : Mr. Ramesh Kumar Saini 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. Instant criminal misc. petition has been filed by the accused- petitioner feeling aggrieved by the order dated 30.10.2023, whereby his defence evidence in a Criminal Complaint under Section 138 of the NI Act was closed as also by order dated 21.11.2023, whereby his application under Section 311 Cr.P.C., seeking to reopen his defence evidence, has been dismissed. 3. This Court vide order dated 01.02.2024, while issuing notices, directed the petitioner to deposit a cost of Rs. 20,000/- in the name of Registrar General, Rajasthan High Court Bench Jaipur. In compliance thereof, petitioner has deposited the cost amount. 4. Counsel appearing on behalf of respondent-complainant submits that, though sufficient opportunities to accused-petitioner
[2025:RJ-JP:30042] (2 of 2) [CRLMP-7978/2023] have been granted to produce the defence evidence, however, since proceedings of criminal complaint have been withheld, he is agreeable to grant one last opportunity to accused-petitioner to produce his defence evidence, subject to payment of cost. It has been informed that next date in the matter before the trial Court is 13.08.2025, at the stage of final arguments. 5. In view of above, in the interest of justice, this Court deems it just and proper to direct that the trial Court shall fix two consecutive dates to produce the entire defence evidence by the petitioner and his witnesses, if any, subject to payment of cost of Rs. 20,000/-. The cost amount of Rs. 20,000/-, already deposited by the petitioner in the High Court, may be released to the respondent-Complainant. 6. In case, petitioner does not produce his defence evidence on the two consecutive dates so fixed by the trial Court, defence evidence shall be deemed to be closed. The order impugned stands modified accordingly. 7. Hence, the criminal misc. petition stands disposed of. 8.
However, it is expected that the trial Court shall conclude the proceedings of criminal case preferably within a period of four months. 9. All pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J NITIN /278