Rajasthan High Court
Mahendra Singh Choudhary S/O Chauthmal ... vs Govind Sahai Pareek S/O Late Shri Shiv ... on 12 February, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:7321]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 628/2024
Mahendra Singh Choudhary S/o Chauthmal Choudhary, R/o
House No. 27-B, Umapath, Ramnagar, Sodala, Jaipur.
----Petitioner
Versus
Govind Sahai Pareek S/o Late Shri Shiv Sahai Pareek, R/o S-62,
Ambabadi, Jaipur.
----Respondent
For Petitioner(s) : Mr Poonam Chand Sharma
For Respondent(s) : Mr. Mahendra Meena, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Judgment
12/02/2024
By way of this instant misc. petition under Section 482 CrPC,
the petitioner-complainant has challenged the order dated
11.01.2024 passed by learned Special Metropolitan Magistrate,
N.I. Act Cases No.7, Jaipur Metro-I in Criminal Case
No.20902/2015 (2034/2015) whereby the learned trial court has
dismissed the application under Section 311 Cr.P.C. filed by the
petitioner-complaniant for reopening his evidence which was
closed by the learned trial court vide order dated 04.08.2023.
Learned counsel for the petitioner-complainant submits that
as the petitioner-complainant was suffering from eye-flue and was
undergoing treatment, he could not appear before the trial court
and for this bonafide and genuine reason, he could not produce
his evidence. He further submits that the learned trial court vide
order dated 04.08.2023 closed evidence of the petitioner-
[2024:RJ-JP:7321] (2 of 3) [CRLMP-628/2024]
complainant. Thereafter, the petitioner moved an application
under Section 311 Cr.P.C. for reopening his evidence and to
provide him opportunity to lead his evidence. Vide order dated
11.01.2024, the learned trial court dismissed the application of
the petitioner and posted the matter for final hearing.
Learned counsel submits that the petitioner-complainant
could not attend the proceedings before the learned trial court
owing to bonafide reason of his illness and the same was not
intentional, but the learned trial court without considering this
aspect of the matter, closed the evidence of the petitioner-
complainant.
I have heard the submissions advanced by learned counsel
for the petitioner-complainant and perused the material available
on record.
The petitioner-complainant filed the complaint case under
Section 138 N.I. Act. in connection with dishonour of a cheque of
Rs.65,00,000/- before the learned trial court in the year 2015.
The aforesaid complaint case was posted for complainant evidence
on 19.12.2018 and thereafter, it was adjourned for so many dates
for the said purpose. However, the petitioner-complainant failed to
lead his evidence which resulted into closing of his evidence by
order dated 04.08.2023. The accused-respondent is facing the
proceedings arising out of this case since 2015 and thus, the
complainant cannot be allowed to linger on the case on such
grounds. Though, the plea of illness (eye-flue) taken by the
petitioner-complainant in support of his case, is not a strong
ground and helps the case of the petitioner but in the interest of
justice and in order to give a last and final opportunity to the
[2024:RJ-JP:7321] (3 of 3) [CRLMP-628/2024]
petitioner-complainant to lead his evidence, the orders dated
04.08.2023 and 11.01.2024 are quashed and set aside subject to
the cost of Rs.60,000/-, out of which Rs.30,000/- shall be
deposited with the District Legal Services Authority, Jaipur and
Rs.30,000/- shall be given to the accused-respondent. Upon the
cost of Rs.30,000/- being deposited with DLSA, Jaipur and the
cost of Rs.30,000/- being given to the accused-respondent before
the trial court, the trial court shall provide an opportunity to the
complainant for leading his evidence. It is made clear that only
one opportunity will be given to the petitioner-complainant to lead
his evidence.
Further, considering the fact that the aforesaid case is
pending since 2015, the learned trial court is directed to conclude
the trial expeditiously preferably within four months from today.
The misc. petition stands disposed of accordingly.
(ANIL KUMAR UPMAN),J
Sudhir Asopa/35
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