CHANDER KUMAR SABHARWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present Application under Sec. 482 Crimial P.C., the applicant seeks to quash the order dated 16.03.2017, passed by learned 7th Additional District Judge, Dehradun, in Criminal Revision No. 318 of 2016, whereby the order dated 09.11.2016 passed by learned 3rd Additional Chief Judicial Magistrate, Dehradun in Case No. 385 of 2013, Sanjeev Sabharwal Vs. Chander Kumar Sabharwal, has been affirmed in a casual manner. A further prayer has been made to quash the order dated 09.11.2016 passed by the learned 3rd ACJM, Dehradun in Case No. 975 of 2013, Sanjeev Sabharwal Vs. Chander Kumar Sabharwal rejecting the application of the applicant under Sec. 311 Crimial P.C. It has also been prayed to stay further proceedings of Case No. 385 of 2013 Sanjeev Sabharwal Vs. Cahnder Kumar Sabharwal, under Sec. 138 of the Negotiable Instruments Act.

(2.) The facts giving rise to the present application under Sec. 482 Crimial P.C. may be summarized as below.

(3.) The complainant instituted a criminal complaint case against the accused-applicant under Sec. 138 Negotiable Instruments Act on 18.04.201 The accused was summoned to face the trial on 15.07.201 He appeared before the Trial Court on 21.05.2014. The complainant recorded his examination-in-chief on 12.06.2014. He was cross-examined on 31.07.2014. Complainant completed his evidence on 30.10.2014. Statement of the accused under Sec. 313 Crimial P.C. was recorded on 16.11.2015, after 16 adjournments. Thereafter, 7 dates were given for defence evidence. On 12.05.2016 opportunity for defence was closed and the Criminal Case was listed for arguments. The accused continued to take adjournments for arguments on 6 different dates. On 011.2016, an application under Sec. 311 Crimial P.C. was moved on his behalf which was dismissed by the Trial Court by a reasoned and speaking order. Such order of the Trial Court was challenged before the Re-visional Court.