[2025:RJ-JP:4498] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. (Petition) No. 674/2025 Kishore Singhal S/o Late Shri Surajmal, Aged About 66 Years, Prop- M/s Singhal Refrigeration, Shop No. 27, Bais Godam Industrial Area, Jaipur, Second Address R/o Digamber Jain Mandir Ke Samne, Ganesh Ji Ki Bagichi, Surajpole Gate Ke Bahar, Surajpole Mandi, Road, Jaipur. ----Petitioner Versus 1. State of Rajasthan, Through PP, Jaipur. 2. Smt. Gopali Devi W/o Late Shri Shivratan Yadav, R/o Plot No. 49, Patel Nagar, 22 Godam, Ram Mandir Wali Gali, Hawa Sadak, Jaipur. ----Respondents For Petitioner(s) : Mr. Abhishek Parashar For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 03/02/2025 1. Learned counsel for the petitioner has confined his prayer only to the extent of cost imposed upon him by the Court of learned Special Judicial Magistrate (NI Act Cases) No.5, Jaipur Metropolitan-II vide order dated 22.01.2025 in Criminal Case No.6712/2023, whereby the application filed by the petitioner under Section 311 of Cr.P.C. has been allowed with a cost of Rs.5,000/-, out of which Rs.1,000/- was to be deposited in the litigant fund and the remaining amount of Rs.4,000/- was to be paid to the complainant. 2. Counsel for the petitioner submits that on 06.12.2024, the opportunity of cross-examination the complainant-witness was lost [2025:RJ-JP:4498] (2 of 2) [CRLMP-674/2025] since the counsel for the accused-petitioner appeared 5-10 minutes late and hence the opportunity of cross-examination of the complainant-witness was closed by the learned trial Court. Counsel further submits that looking at the gravity of the fault on part of the petitioner, the cost of Rs.5,000/- so imposed is very excess. 3. On consideration of the submissions made by the counsel for the petitioner and upon perusal of the orders passed by the Court below dated 06.12.2024 and 22.01.2024, this Court in the interest of justice would like to modify the order dated 22.01.2025 as under:- “The cost imposed upon the petitioner that is Rs.5,000/- by the Court below be modified and reduced to Rs.3,000/-, out of which Rs.1,000/- is to be paid to the cost litigating fund which as per the statement of the counsel for the petitioner, he has already deposited”. 4. The petitioner shall pay the remaining amount of Rs.2,000/- to the complainant on the next date fixed before the Court. 5. Accordingly, this criminal misc. petition stand disposed of. (GANESH RAM MEENA),J DIVYA SAINI /41