BABU & CO. Vs. DEEPANSHU GOEL

JUDGEMENT

(1.) The present petition under Sec. 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") has been filed by the petitioners for setting aside the order dtd. 6/12/2019 ("impugned order") passed by learned Metropolitan Magistrate, Central District, Tis Hazari Courts, Delhi in CC No. 525875/2016 titled as "Deepanshu Goel v. Babu and Co and Ors." whereby the right of the petitioners/accused persons to lead defence evidence was closed.

(2.) The brief facts of the case are that a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 ("N.I. Act, 1881") was filed by the respondent against the petitioners on the ground that a cheque bearing no. 439142 dtd. 15/2/2014 for Rs.68,85,974.00 issued by the petitioners to the respondent was dishonored and returned unpaid due to insufficient funds. During the pendency of the complaint case, petitioners were provided various opportunities to lead their evidence but despite the same, petitioners failed to do so. An application under Sec. 311 Cr.P.C. was moved on behalf of the petitioners, which was allowed in part by the learned Trial Court on 28/9/2019, and petitioners were allowed to lead the defence evidence. However, the learned Trial Court closed the said right of petitioners by virtue of order dtd. 6/12/2019.

(3.) Learned counsel for the petitioner submits that on 6/12/2019, petitioner could not appear before the learned Trial Court as he was not well, however, his son had appeared in the same court in CC No. 530357/2019 in which the son of the petitioner was an accused. It is further submitted that son of the petitioner was ready with the evidence by way of an affidavit of the petitioner, but the learned Trial Court refused to accept the same. It is stated that petitioners may be given one more opportunity to lead the evidence, assuring that petitioners will not take any adjournment on the next date of hearing before the learned Trial Court.