[2026:RJ-JP:13166] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1743/2026 1. M/s Divine Impex through Proprietor Mr. Amit Surana Having Business At 360, First Gurunanakpura, Raja Park, Jaipur - 302004, Rajasthan 2. Amit Surana, Proprietor M/s Divine Impex Resident Of 15 Burmese Colony, Jaipur, Rajasthan. ----Petitioners Versus 1. State of Rajasthan Through Public Prosecutor. 2. M/s S.S. Gold And Jewellers, Through Proprietor Mrs. Sangita Kataria W/o Shri Sunil Kataria Having Business At 14, Hari Nagar, Shastri Nagar, Jaipur, (Raj.) ----Respondents For Petitioner(s) : Ms. Nidhi Sharma For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/03/2026 1. By way of this instant misc. petition under Section 528 of BNSS, the petitioners have challenged the order dated 25.02.2026 passed by learned Special Judicial Magistrate (N.I. Act Cases), No.6, Jaipur Metropolitan-I in case No.1844/2022 whereby, learned trial Court dismissed the application filed by the petitioners for recalling the complainant for his cross-examination. 2. Learned counsel for the petitioners submits that for just deci- sion of the case, the cross-examination of the complainant is very essential and if prayer of the petitioners is not accepted and cross- examination of the complainant is not allowed to be conducted, the petitioner would not be able to defend his case properly and serious [2026:RJ-JP:13166] (2 of 2) [CRLMP-1743/2026] prejudice would be caused to him. He therefore, prays that in the in- terest of justice, the petitioners may be given one opportunity to cross-examine the complainant. 3. Per contra, learned Public Prosecutor opposes the submissions made by counsel for the petitioners. 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 petitioners are given one last opportunity to cross-examine the complainant subject to pay- ment of cost to the complainant. 5. Accordingly, the instant Criminal Misc. petition is allowed and the impugned order dated 25.02.2026 is hereby quashed and set aside. The petitioners are granted one last opportunity to cross-ex- amine the complainant subject to payment of cost of Rs.25,000/- 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 petitioners and shall summon the said witness accordingly. On that date, the petitioners shall make payment of cost to the complainant. 6. It is made clear that only one opportunity shall be given to the petitioners for the purpose of cross-examination of the complainant. In case, the petitioners do not make the payment of the cost to the complainant or fails to complete the cross-examination in one chance, as directed above, the present order shall lose its efficacy. 7. Stay Application and pending application, if any, stand disposed of. (ANIL KUMAR UPMAN),J LALIT MOHAN /202