[2026:RJ-JP:32657] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4731/2026 CNR: RJHC020685702026 | URN: CRLMP / 10911U / 2026 Vinod Singh Nirwan S/o Shri Lalu Singh, Aged About 33 Years, Resident Of Near Rakesh Academy School, Ward No. 22, Water Works, Pilani, Pilani, District Jhunjhunu. At Present Residing At House No. 32-C, Gopalpura Village (Near 10-B Scheme), Gopalpura Bypass, Jaipur. ----Petitioner Versus Priyanshu Sharma S/o Shri Surya Prakash Sharma, Aged About 27 Years, Resident Of House No. M-7, Madhuvan Colony, Tonk Phatak, Jaipur ----Respondent For Petitioner(s) : Mr. Ankit Kumar, Adv. Ms. Chhaya Sharma, Adv. For Respondent(s) : Ms. Ranjana Sharma, Adv. Mr. Banvari Lal Saini, Adv. Mr. Chandra Prakash Sharma, Adv. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 14/08/2026 1. By way of this instant Cr. Misc. Petition under Section 528 of BNSS, the petitioner has challenged the order dated 24.09.2025 passed by learned Session Judge, Jaipur Metropolitan-I in Criminal Revision No.441/2025 by which learned Revisional Court dismissed the revision preferred on behalf of the petitioner against the order dated 19.06.2025 passed by Special Judicial Magistrate (N.I. Act Cases) No.13, Jaipur Metropolitan-I, Jaipur in Criminal Case No.3456/2023 whereby, learned trial Court dismissed the application under Section 311 of Cr.P.C. filed by the petitioner for providing an opportunity to cross-examine the complainant. [2026:RJ-JP:32657] (2 of 4) [CRLMP-4731/2026] 2. Learned counsel for the petitioner submits that the respondent-complainant filed a complaint under Section 138 of the NI Act against the petitioner and during the course of the trial the learned trial Court closed the cross-examination of the complainant on 06.05.2025. Counsel submits that the petitioner moved an application under Section 311 of the Cr.P.C., praying for an opportunity to cross-examine the complainant and the same was dismissed by learned trial Court vide order dated 19.06.2025. Counsel further submits that a revision petition was filed against the said order, which was dismissed by the learned Revisional Court vide order dated 24.09.2025, holding that the order closing the opportunity to cross-examine the complainant was an interlocutory order and therefore, the revision petition was not maintainable. Counsel submits that for the just decision of the case, the petitioner may be afforded an opportunity to cross- examine the complainant and that, if such opportunity is denied, the petitioner would not be able to properly defend his case and would suffer serious prejudice. Therefore, in the interest of justice, the petitioner may be granted one last opportunity to cross- examine the complainant before the learned trial Court on appropriate cost. 3. Learned counsel appearing for the respondent-complainant submits that learned trial Court as well as learned Revisional Court has not committed any error in passing the impugned orders. Counsel submits that sufficient opportunities have already been granted by the learned trial Court to the petitioner to cross- examine the complainant subject to payment of costs, which have not been deposited by the petitioner. [2026:RJ-JP:32657] (3 of 4) [CRLMP-4731/2026] 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, this Court deems it just and proper to give one last opportunity to the petitioner to cross- examine the complainant/respondent subject to payment of cost as imposed by this Court as well as earlier imposed by the learned trial Court. 5. Accordingly, the instant Criminal Misc. petition is allowed and the impugned order dated 24.09.2025 passed by learned Session Judge, Jaipur Metropolitan-I in Criminal Revision No.441/2025 and order dated 19.06.2025 passed by Special Judicial Magistrate (N.I. Act Cases) No.13, Jaipur Metropolitan-I, Jaipur in Criminal Case No.3456/2023 are hereby quashed and set aside. The petitioner is granted one last opportunity to cross-examine the complainant, subject to payment of a cost of Rs.3,000/- to the complainant before the learned trial Court in addition to the costs, if any, previously imposed upon him by the trial Court. The learned trial Court shall fix a date in the matter for the purpose of cross- examination of the complainant. On the date so fixed, the petitioner shall pay the aforesaid cost of Rs.3,000/- as well as costs previously imposed by the trial Court, if any, to the complainant. 6. It is made clear that only one opportunity shall be given to the petitioner for the purpose of cross examining the complainant. In case, the petitioner does not make the payment of cost to the complainant or fails to cross examine the complainant, in one chance, as directed above, the present order shall lose its efficacy. [2026:RJ-JP:32657] (4 of 4) [CRLMP-4731/2026] 7. The petitioner is directed to place a copy of this order before the trial Court for necessary compliance. 8. Considering the fact that the case has been pending since 2023 and upon acceptance of cost by the complainant as imposed by this order upon the petitioner, learned trial Court is requested to expedite the trial and make all endeavor to conclude the trial preferably within a period of three months from the date of receipt of certified copy of this order, if there is no legal impediment in continuation of the proceedings. 9. Stay Application and pending application(s), if any, stand disposed of. (ANIL KUMAR UPMAN),J 137/-Manoj Solanki