[2026:RJ-JP:10425] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7014/2024 Shri Kishan Agrawal son of Late Shri Ghishilal Agrawal, age about 63 years Resident Of 4492, Heeda Ki Mori, Surajpol Road, Jaipur- 302003. ----Petitioner Versus 1. State of Rajasthan, through P.P. 2. Kamlesh Kumar Tak son of Late Shri Satyanarayan Tank, Resident of Plot No. 4A/166, Krishna Nagar, Madhav Vilas Pulia, Brahmpuri Road, Jaipur. ----Respondents For Petitioner(s) : Mr. Narendra Kumar Sharma For Respondent(s) : Mr. M.S. Shekhawat, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 12/03/2026 1. By way of this instant misc. petition under Section 528 of BNSS, the petitioner has challenged the order dated 06.09.2024 passed by learned Special Metropolitan Magistrate (N.I. Act Cases), No.9, Jaipur Metropolitan-II in Criminal Case No.1177/2021 (Cr.Reg.Case/4489/2022) whereby, learned trial Court dismissed the application filed by the petitioner 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 complainant is very essential and if prayer of the petitioner 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 prejudice would be caused to him. He therefore, prays that in the interest of justice, the petitioner may be given one opportunity to cross-examine the complainant. [2026:RJ-JP:10425] (2 of 2) [CRLMP-7014/2024] 3. Per contra, learned Public Prosecutor opposes the submissions made by counsel for the petitioner. 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 Criminal Misc. petition is allowed and the impugned order dated 06.09.2024 is hereby quashed and set aside. The petitioner is granted one last opportunity to cross- examine the complainant subject to payment of cost of Rs.21,000/- 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 complainant. In case, the petitioner does 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. It is also made clear that the cross-examination shall be conducted only in the presence of the petitioner-accused. 7. Stay Application and pending application, if any, stand disposed of. (ANIL KUMAR UPMAN),J LALIT MOHAN /36