[2025:RJ-JP:20941] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 290/2025 Agresh Sharma Son Of Shri Buddhiram Sharma, Resident Of 224/a, Avadhpuri Second, Mahesh Nagar, Jaipur- 302015. ----Petitioner Versus Shri Laxmikant Biyani Son Of Late Shri Shivbhagwan Biyani, Resident Of 607, A, Crystal Mall, Near Motimahal Cinema, Sawai Jai Singh Highway, Banipark, Jaipur. ----Respondent For Petitioner(s) : Mr. Mohd. Abid Khan, Ms. Anjali Vashisth, Mr. Areeb Ahmed For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 19/05/2025 1. The present petition preferred by the petitioner under Section 528 BNSS, challenging the order dated 05.12.2024 passed by the learned Judicial Magistrate (NI Act Cases) No.6, Jaipur Metropolitan-I, whereby, an application for calling the witnesses Mahendra Yadav and wife of the complainant was dismissed. 2. It is contended by learned counsel for the petitioner that the witnesses Mahendra Yadav and wife of the complainant are essential witnesses to the case, therefore, the impugned order passed by the learned Trial Court dated 05.12.2024 may be quashed and witnesses may be directed to be examined. 3. Heard and perused the material available on record. 4. The matter pertains to a complaint filed under Section 138 of NI Act. The complainant has already been examined and in the [2025:RJ-JP:20941] (2 of 2) [CRLMP-290/2025] cross-examination, he has stated that Mahendra Yadav and other employees were present when the money was handed over to the petitioner. On the basis of the cross-examination the petitioner sought for calling of the witnesses to be examined. The petitioner is free to examine the witnesses as defence witnesses as the complainant has already closed his evidence and the complainant cannot be compelled to produce the witnesses who were present at the time of transaction. 5. This Court after consideration the arguments advanced by the petitioner, do not find any illegality in the impugned order and accordingly, the criminal misc. petition challenging the order dated 05.12.2024 is hereby, dismissed. (PRAVEER BHATNAGAR),J Keshav/5