[2025:RJ-JP:7955] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. (Petition) No. 1099/2025 Hardeep Singh S/o Shri Pritam Singh, Aged About 36 Years, C/o Dushmesh Travels Pvt. Ltd. Below Polo- Victory Cinema Hall, Polo- Victory Circle, Sindhi Camp, Station Road, Jaipur R/o Plot No. 3/434, Malviya Nagar, Jaipur (Rajasthan). ----Petitioner Versus Krishankant Sharma S/o Shri Vidhyadhar Sharma, R/o Plot No. 120, Gator Road, Brahmpuri, Jaipur (Rajasthan). ----Respondent For Petitioner(s) : Mr. Nitesh Pareek For Respondent(s) : HON'BLE MR. JUSTICE GANESH RAM MEENA Order 21/02/2025 1. This criminal misc. petition has been filed by the petitioner with a challenge to order dated 26.07.2023 passed by the Court of learned Special Metropolitan Magistrate (NI Act) Cases No.1, Jaipur Metropolitan-II whereby the application filed by the petitioner under Section 311 Cr.P.C. for allowing an opportunity to cross-examine the complainant-witness, was dismissed. 2. Learned counsel for the petitioner submits that the petitioner may be allowed only one opportunity to cross-examine the complainant-witness so that material facts can be brought on record which are substantial for effective adjudication of the case. Counsel further submits that he is ready to pay the costs which may be imposed but he may be allowed an opportunity to cross- examine the complainant-witness. [2025:RJ-JP:7955] (2 of 3) [CRLMP-1099/2025] 3. Considered the submissions made by counsel for the petitioner and perused the impugned order passed by the Court below and the other materials placed on record along with petition. 4. The complainant-respondent filed s complaint for the offence under Section 138 of the Negotiable Instruments Act in the year 2017. The matter was fixed before the trial Court on 10.10.2017 for recording the evidence of complainant and the documents were exhibited on 01.12.2018 and thereafter the opportunity of cross-examination was closed and the matter was posted for statements of the accused. 5. The accused-petitioner filed an application under Section 311 Cr.P.C. for allowing opportunity to cross-examine the complainant- witness which was allowed vide order dated 14.03.2019 on an order of imposition of cost of Rs.2000/-, extending one opportunity to cross-examine the witness. However, the petitioner even then failed to cross-examine the complainant-witness. Later, again on his request on 10.02.2021 he was allowed an opportunity to cross-examine the complainant-witness. 6. Again on 31.03.2022, the petitioner was allowed an opportunity to cross-examine the complainant-witness at a cost but the petitioner failed to cross-examine the complainant-witness who was present in Court. Again after about eight months the petitioner had filed an application under Section 311 Cr.P.C. for allowing an opportunity to cross-examine the complainant-witness and same was dismissed vide impugned order dated 26.07.2023 as the petitioner even after getting several opportunities to cross- [2025:RJ-JP:7955] (3 of 3) [CRLMP-1099/2025] examine the complainant-witness but failed to cross-examine the same. 7. Taking into consideration the overall facts and circumstances of the case and more particularly the fact that at this stage request of the petitioner does not seem to be justified because he has been allowed various opportunities to cross-examine the complainant-witness, even after imposition of costs but he still failed to do so and now he is again moving an application for allowing an opportunity to cross-examine the complainant- witness which has now been dismissed. 8. Learned counsel for the petitioner failed to point out any illegality in the order passed by the learned trial Court. 9. Taking into consideration the conduct of the accused- petitioner which is borne out from the facts on record as mentioned in the order impugned i.e. he is trying again and again to delay the disposed of the case pending for last 8 years thus, the petition deserves to be dismissed with cost. 10. Accordingly, this criminal misc. petition is dismissed with cost of Rs.5000/-. The amount be deposited with the Rajasthan High Court Bar Association, Jaipur Bench, Jaipur and receipt thereafter be submitted with the Registry. 11. Since the main petition has been dismissed, the stay application as well as pending application/s, if any, also stands disposed of. (GANESH RAM MEENA),J DIVYA SAINI /22