RAM RATAN SINGH BISHT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Before venturing into the legal implications over the controversy, which has been raised in the present C482 Application, some basic facts are necessarily required to be referred to. It couldn't be in controversy that a complaint case, being Complaint Case No. 5113 of 2013, Anil Kumar Nandwani Vs. Ram Ratan and another, for trial under Sec. 138 of the Negotiable Instruments Act, 1881 stood instituted as back as on 12/3/2013 before the Court of Additional Civil Judge (Junior Division)/ Judicial Magistrate, Haldwani, District Nainital.

(2.) The said matter proceeded and during its pendency, the present applicant had filed an application on 24/1/2018, invoking the provisions contained under Sec. 311 of the Code of Criminal Procedure, for the purposes of summoning the documents, as well as, the accused person, which stood rejected by the Court below, vide its impugned order dtd. 15/11/2018. Thereafter, rejection of the application, the proceedings attained the stage of Sec. 313 of CrPC, which was conducted on 14/8/2019, on account of inaction on part of the opposite party to lead his defense, which was closed by the learned trial Court vide its order dtd. 25/2/2020 and the date was fixed as 29/2/2020 for decision on the aforesaid complaint case for the offences under Sec. 138 of the Negotiable Instruments Act.

(3.) Against this order dtd. 25/2/2020 directing the closure of an opportunity to lead evidence, a Revision, being Criminal Revision No. 33 of 2021 Ram Ratan Singh Bisht Vs. State of Uttarakhand and Another; was preferred before the District and Sessions Judge, Nainital. The Revision thus preferred by the present applicant was allowed by the judgement dtd. 6/4/2021, whereby his closure of opportunity to lead the evidence was set aside and the learned trial Court was directed to fix a date for the purposes of adducing evidence of the revisionist, the relevant part of the revisional Court's order is extracted hereunder:-