Smt. Saroj Choudhary vs State Of Rajasthan
2021 Latest Caselaw 18995 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6267/2021

1. Smt. Saroj Choudhary W/o Shri Vijay Singh Choudhary, Aged About 48 Years, B/c Jat, R/o Bhairav Colony, Prithvi Raj Nagar, Pali Road, Behind Chirmi Restaurant, Jodhpur (Rajasthan)

2. Vijay Choudhary S/o Shri Mangal Singh Choudhary, Aged About 52 Years, B/c Jat, R/o Bhairav Colony, Prithvi Raj Nagar, Pali Road, Behind Chirmi Restaurant, Jodhpur (Rajasthan)

----Petitioners Versus

1. State of Rajasthan, Through PP

2. Rohit Mewara S/o Shri Gera Lal Ji Mewara, B/c Mewara (Kalal), R/o 2-A-37, New Housing Board, Pali (Rajasthan)

----Respondents

For Petitioner(s) : Mr. Chandra Shekhar Kotwani For Respondent(s) : Mr. SK Bhati, P.P

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

14/12/2021

Heard counsel for the petitioners.

The present criminal miscellaneous petition has been filed

against the order dated 15.02.2020 passed by learned trial court

whereby at the request of the counsel for the accused-petitioners

herein the defence evidence was closed and the matter was fixed

for final arguments.

Learned counsel for the petitioners submits that petitioners

have right to defend the case filed against them under Section

138 of the Negotiable Instruments Act, 1881 by the complainant.

On the relevant date the accused-petitioner Vijay Choudhary was

(2 of 2) [CRLMP-6267/2021]

not present before the learned trial court and his advocate without

his instructions conceded that defence evidence may be closed.

In the facts and circumstances of the case and in the interest

of justice, the present petition is allowed. The order of the learned

trial court closing the defence evidence is set aside. The accused-

petitioner Vijay Choudhary shall remain present before the learned

trial court for cross examination on 17.01.2022 and on that date

counsel for the complainant shall cross examine him.

Learned counsel for the petitioners further submits that he

will not press the other criminal miscellaneous petition No.

991/2019 which was filed against the order of closure of the cross

examination of the complainant.

After completion of the cross examination of accused-

petitioner Vijay Choudhary, the learned trial court may proceed

with the case as per law.

Learned trial court shall not pronounce the judgment on

15.12.2021.

The criminal miscellaneous petition is allowed accordingly.

(RAMESHWAR VYAS),J

25-rahul arya/-

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