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Judgment
By way of this petition under Section 482 Cr.P.C., the
petitioner has approached this Court for challenging the order
dated 1.9.2017 passed by learned Judicial Magistrate (N.I.Act
Cases) No.2, Jodhpur Metro in Cr.Complaint Case No.250/2015
whereby the learned trial court rejected the application filed by
the petitioner under Section 315 Cr.P.C.
Having heard and considered the arguments advanced by
learned counsel for the parties and after going through the
impugned order as well as other material placed on record, this
Court is of the opinion that one opportunity deserves to be given
to the petitioner to be examined in defence under Section 315
Cr.P.C. subject to his depositing a cost of Rs.3000/-.
Thus, it is hereby directed that upon the petitioner
depositing a sum of Rs.3000/- in the trial court, the impugned
order dated 1.9.2017 passed by learned Special Judicial
Magistrate (N.I.Act Cases) No.2, Jodhpur Metro in Cr.Complaint
Case No.250/2015 shall stand revoked. The trial court will record
the statement of the petitioner under Section 315 Cr.P.C. on or
before 5.1.2018 and shall decide the case within a period of two
months from that date. Out of the total cost amount of Rs.3000/-,
a sum of Rs.1500/- shall be paid to the complainant and the
remaining amount shall be credited in the funds of District Legal
Services Authority.
With these directions, the misc. petition is allowed.
Stay petition is disposed of.