[2025:RJ-JP:48493] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3698/2018 Smt. Suwa Kanwar W/o Late Shri Banne Singh Rathore, R/o 307, Chitrakoot Nagar, Bhuwana, Udaipur. ...Petitioner/Accused Versus 1. Manager, Ashok Leland Finance, Branch Office 9/86, Rang Vihar, Kachari Road, Ajmer ….Respondent/Complainant 2. State of Rajasthan through PP ----Respondent For Petitioner(s) : Mr. Santosh Singh Shekhawat with Mr. Gajraj Singh Rajawat For Respondent(s) For Complainant(s) : : Mr. M.S. Shekhawat, PP Mr. Mohammad Aslam HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/11/2025 1. By way of this instant misc. petition under Section 482 of Cr.PC, the petitioner has challenged the order dated 04.04.2018 passed by learned Additional Sessions Judge No.3, Ajmer (hereinafter referred as ‘learned Revisional Court’ for brevity) in Criminal Revision No.34/2018 (CIS No.152/2018) whereby, the learned revisional Court dismissed the revision preferred by the petitioner and affirmed the order dated 13.03.2018 passed by learned Judicial Magistrate No.4, Ajmer in case No.772/2015 whereby, learned trial Court dismissed the application filed by the petitioner under Section 311 Cr.PC for recalling the complainant for his cross-examination. 2. Learned counsel for the petitioner submits that for just decision of the case, the cross-examination of the said witness is [2025:RJ-JP:48493] (2 of 3) [CRLMP-3698/2018] very essential and if prayer of the petitioner is not accepted and cross-examination of the said witness is not allowed to be conducted, the petitioner would not be able to defend her case properly and serious prejudice would be caused to her. He therefore, prays that in the interest of justice, the petitioner may be given one opportunity to cross-examine the said witness. 3. Per contra, counsel for respondent No.1 has seriously opposed the prayer made by counsel for the petitioner and submitted that only one and final opportunity may be given to the petitioner for cross-examination of the complainant while imposing the cost. 4. Having regard to the overall facts and circumstances of the case; considering the submissions made by learned counsel for the parties and in the interest of justice, the petitioner is given one last opportunity to cross-examine the complainant subject to payment of cost to the complainant. 5. Accordingly, the instant misc. petition is allowed and the impugned orders dated 13.03.2018 and 04.04.2018 rejecting the application of the petitioner under Section 311 Cr.P.C. are hereby quashed and set aside. The petitioner is granted one last opportunity to cross-examine the complainant subject to payment of cost of Rs.10,000/- to the complainant before the learned trial Court. The trial court shall fix a date in the matter for the purpose of cross-examination of the complainant by the petitioner and shall summon the said witness accordingly. On that date, the petitioner shall make payment of cost to the complainant. 6. It is made clear that only one opportunity shall be given to the petitioner for the purpose of cross-examination of the said witness. In case, the petitioner does not make the payment of the [2025:RJ-JP:48493] (3 of 3) [CRLMP-3698/2018] cost to the complainant or fails to complete the cross-examination in one chance, as directed above, the present order shall lose its currency. (ANIL KUMAR UPMAN),J LALIT MOHAN /71