[2025:RJ-JP:5521] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 24/2025 1. Khedwal Brothers, Through Proprietor Shankar Lal Sharma, Address- Shop No. B-9, New Colony, Paanchbatti, Jaipur (Raj). 2. Shankar Lal Sharma, Proprietor Khedwal Brothers Address- Through A.k. Treders, Shop No. 416, Indira Bazar, Jaipur (Raj). ----Accused-Petitioners Versus Brij Mohan Agrawal S/o Shri Ramphool Agrawal, Aged About 59 Years, R/o Ward No. 16, Bahetiyon Ka Mohalla, Chaksu, District Jaipur. ----Complainant-Respondent For Petitioner(s) : Mr. K.K. Pandit, Advocate For Respondent(s) : Mr. Rishiraj Singh Rathore, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 07/02/2025 : Instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred on behalf of the accused- petitioners against the impugned order dated 06.11.2024 passed by the Court of ld. Additional Civil Judge & Judicial Magistrate, No.19, Chaksu, Jaipur Metropolitan-I, in Criminal Case No.606/2016, whereby the application under Section 315 & 311 of Cr.P.C. filed by petitioner for re- examination himself as evidence & summoning the hand-writing expert as witness, was dismissed. Submissions of learned counsel appearing for the accused- petitioner are that while he was looking to his old documents, he found the cheque-book of cheques bearing Nos.502271 to 502370, wherein it has also been mentioned that to whom the cheque in question has been issued. Therefore, the aforesaid cheque book is essential to be exhibited before ld. Trial Court & the petitioner/accused & hand-writing expert may be examined in respect of said cheque book. [2025:RJ-JP:5521] (2 of 2) [CRLMP-24/2025] Learned Public Prosecutor for the State has opposed the submissions made herein-above. Heard. Perused. Perusal of the impugned order dt.06.11.2024 reveals that the case before ld. Trial Court is pending since, 2016. Prior to application u/s.315 & 311 of Cr.P.C., the petitioner had also filed an application for summoning the witness, namely Dinesh Sethi in respect of F.S.L. report & same was dismissed by ld. Trial Court on 01.04.2017. It is also clear that the case before ld. Trial Court has been pending for final arguments since 04.09.2021. Looking to the facts & circumstances of the present case & considering the submissions made at bar, in my considered opinion, the ld. Trial Court has not committed any error & has rightly dismissed the application vide order dt.06.11.2024. No interference is called for. Consequently, the present petition is dismissed. Pending application, if any, also stands disposed of. (VINOD KUMAR BHARWANI),J Ashok-SHUBHAM/124s