Rahul Chaturvedi vs Virendra Kumar Modi

The petitioner has preferred this misc. petition under Section 482 Cr. P.C., for the following relief :

"It is, therefore, most humbly and respectfully prayed that this criminal misc. petition may kindly be allowed and the order dated 01.7.2017 & 11.8.2017 passed by learned CJM, Sirohi in Criminal Case No.233/2007 (Virendra Kumar Modi Vs. Rahul Chaturvedi) may kindly be quashed and set aside. The order dated 1.6.2018 passed by learned Special Court, SC/ST (Prevention of Atrocity) Cases, Sirohi may also be quashed and set aside. It is further prayed that the petitioner be provided opportunity of cross-examination of complainant witness PW-3 Mahendra."

The matter pertains to trial of Section 138 NI Act in which the case was listed for evidence of complainant's witness PW-3 Mahendra Gehlot on 01.7.2017 and his cross-examination was closed. Counsel for the petitioner submits on 11.8.2017 Shri Ashok Dubey, Advocate at Jaipur could not come for cross-examination of complainant's witness due to his personal ailment, therefore, again the application preferred under Section 311 Cr. P.C. was dismissed vide order dated 11.8.2017.

Counsel for the petitioner submits that lawyer's illness should not be a ground for debarring re-summoning of witness.

Counsel for the respondent submits that there is deliberate attempt on the part of petitioner to delay the ongoing trial and even after affording repeated opportunities the petitioner failed to cross-examine complainant's witness.

Perused the orders impugned.

This Court finds that there is clear-cut default on the part of petitioner for not making cross-examination of witness even when he was bound by learned trial court to do so on earlier occasion i.e. 01.7.2017.

This Court has seen that the petitioner failed to give any certificate in support of his ailment nor any sufficient reason has been adduced.

However, this Court notices that on 21.6.2017 witness Mahendra Gehlot himself did not appear and cross-examination was closed for non-availability of lawyer on 01.7.2017.

In the interest of justice the present misc. petition is disposed of and while setting aside the impugned orders passed by the courts below while giving one last opportunity to the petitioner to cross-examine complainant's witness PW-2 Mahendra Gehlot on the next date before the trial court. The petitioner shall be required to pay a cost of Rs.21,000/-, which shall be released in favour of respondent. If the cost is not paid by the next date, then the present order shall automatically stand nullified and the trial court shall be free to proceed as per law.