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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.