BHERULAL DEVILAL KHAROL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Advocate Mr. Jatin Yadav for Mr. P.P. Majmudar, learned advocate for the applicants has produced rojnama of the proceedings of Criminal Case No.47510 of 2013 to challenge the order dtd. 18/12/2022, where the matter came to be dismissed for default and the accused was acquitted.

(2.) Mr. Yadav submitted that the learned Judge has not even perused the proceedings, when the matter was actually for the hearing of Exhibit-38, which was filed on 24/8/2018 under sec. 91 of Cr.P.C., praying for a direction to the accused to produce the documentary evidence. Thereafter, the matter stood transferred to 18 th Additional Chief Judicial Magistrate and continued for hearing, where none of the parties had even prayed for any adjournment.

(3.) Mr. Yadav submits that there was an application for summons to the complainant and on the very next adjournment, the proceedings shows that the Court was on video conferencing and matter stood adjourned to 3/7/2021, where the matter was again posted for hearing of Exhibit-38. Mr. Yadav submitted that it was strange that, an application, Exhibit-42, was moved from the side of accused to dismiss the matter and the learned Judge even thereafter posted twice the matter for hearing of Exhibit-42 and oblivious of the fact that on earlier date the matter was for hearing of Exhibit- 38. Mr. Yadav submitted that the complainants were represented by Advocate on record and when the application was moved under sec. 91 of Cr.P.C. for a direction to the accused to produce documentary evidence, the learned trial Court Judge ought not to have dismissed the matter.