UMESH SONI S/O SHRI GOVIND NARAYAN SONI v. STATE OF RAJASTHAN
CRLMP/6/2025 · 2025-01-09
Ashutosh Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35817 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35817 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:1280] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6/2025
1. Umesh Soni S/o Shri Govind Narayan Soni, Resident Of 1668 Brahma Marg, Khawasji Ka Rasta, Ganesh Mandir Ke Pass, Badi Chopad, Jaipur.
2. Rekha Soni W/o Umesh Soni, Resident Of 1668 Brahma Marg, Khawasji Ka Rasta, Ganesh Mandir Ke Pass, Badi Chopad, Jaipur ----Petitioners Versus
1. State Of Rajasthan, Through P.P.
2. Shravan Kumar Joshi S/o Shri Lat Hanuman Sahay Sharma, R/o B-35, Dennagar, Tonk Road, Jaipur. ----Respondents For Petitioner(s) : Mr. Majhar Hussain, Adv. For Respondent(s) : Mr. Rishiraj Singh Rathore, PP Mr. Govind Gupta, Adv. for respondent no.2 HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 09/01/2025
1. This petition has been filed against the order dated 17.12.2024 passed by learned Special Judicial Magistrate Court (NI Act cases), No.3, Jaipur Metropolitan First in Case No.835/2017 titled as Shravan Kumar Joshi Vs. Umesh Soni & Anr. by which right to cross-examining the complainant has been closed.
2. Mr. Govind Gupta, learned counsel enters appearance and takes notice on behalf of respondent no.2.
3.
Learned counsel for the petitioners submits that the petitioners have a valuable right to cross-examine the
[2025:RJ-JP:1280] (2 of 2) [CRLMP-6/2025] complainant, however, due to some reason they could not cross- examine the complainant and their right to cross-examine has been closed by the impugned order. Therefore, one opportunity be granted to cross-examine the complainant.
4. On the other hand, learned counsel for the complainant submits that various opportunities were granted to the petitioners to cross-examine, even on the cost, but the petitioners failed to cross-examine and even the cost was not paid by the petitioners, therefore, petition is liable to be dismissed.
5. Heard learned counsel for the parties and perused the material available on record.
6. Considering the facts and circumstances of the case and considering the fact that cross-examination is the valuable right of the petitioners, therefore, one last opportunity on the cost of Rs.11,000/- is given to the petitioners. It is directed that the Court below shall give one last opportunity on the next date of hearing to the petitioners to cross-examine the complainant. No further opportunity shall be given to the petitioners. Payment of cost shall be pre-requisite for cross-examination.
7. With the above directions, this petition is disposed of.
8. Pending application(s) also stands disposed of.
(ASHUTOSH KUMAR),J Mohita /10