[2025:RJ-JP:20845] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2163/2025 Shankar Lal Kumawat S/o Shree Gheesaram, Aged About 40 Years, R/o Kuli, Police Station Dantaramgarh, District Sikar Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through P.P. 2. Munni Devi Kumawat W/o Shree Madanlal Kumawat, Aged Major , R/o Rikshwa Ki Dhani, Post Ghatwa, Police Station Chitawa, District Nagaur Rajasthan Mobile Number 9928067071. ----Respondents For Petitioner(s) : Dr. Parmindra Dadhich through V.C. For Respondent(s) : Mr. S.R. Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 16/05/2025 1. The petitioner has challenged the order dated 25.03.2025 passed by the Additional Chief Judicial Magistrate, Dantaramgarh, Sikar whereby, the application for calling the Investigating Officer as defence witness was dismissed. 2. It is contended by the counsel for the petitioner that the complainant Munni Devi Kumawat was enquired by the Investigating Officer in some other case and during the enquiry she disclosed that apart from the cheque of Rs.3,00,000/-, the petitioner has also paid Rs.4,00,000/- in cash for getting the possession over the land. The claim made by the complainant under Section 138 of NI Act is contrary to the fact which she disclosed before the Investigating Officer. The Investigating Officer [2025:RJ-JP:20845] (2 of 2) [CRLMP-2163/2025] is a relevant witness to rebut the claim, therefore the order dated 25.03.2025 passed by the learned Trial Court may be set aside and the concerned Investigating Officer may be directed to appear before the court to render statement about the interrogation note dated 27.02.2021. 3. Heard and perused the impugned order. 4. The learned Trial Court dismissed the application citing the reason that the petitioner is free to place on record a certified copy of the statement. The reasons stated by the concerned Court is not cogent as it is imperative for the defence to bring forth the material facts before the Court, and in view of this Court, ASI Prahlad Singh is an important witness to prove the document, therefore, the order dated 25.03.2025 passed by the learned Trial Court is set aside and Trial Court is directed to summon the witness. The petitioner shall deposit the necessary fee for calling the witness as defence witness, as determined by the learned Trial Court. 5. Accordingly, the criminal misc. petition is disposed of with the aforesaid direction. (PRAVEER BHATNAGAR),J Keshav/35