UMANG JASWANTKUMAR RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application, filed under Article 226 of the Constitution of India, read with Sec. 482 of the Code of Criminal Procedure, the applicant herein, challenges the order dtd. 21/6/2019 passed in Criminal Case No. 1082 of 2015, pending before the Additional Chief Metropolitan Magistrate Court No. 35, Ahmedabad, by which, the application for extension of further time to deposit the amount towards issue of process upon the witnesses has been rejected.

(2.) Heard learned counsel Ms. Punita Joshi appearing for and on behalf of the applicant.

(3.) Ms. Joshi, learned advocate, taking through this Court the impugned order, submitted that, the applicant is facing the trial for the offences punishable under the Negotiable Instrument Act and after completion of the evidence of the complainant and recording the further statement of the accused, the applicant herein moved an application for the issue of process on the witnesses and same was allowed by the trail Court vide order dtd. 10/6/2019 subject to deposition of the amount towards witness bhattha. It is in this context, she would submit that the total amount comes to Rs.46,000.00 and the court has directed to deposit the same within 7 days, thus, considering the amount, the applicant could not manage to deposit the amount and accordingly, submitted an application to grant further time to deposit the amount. However, trial Court without considering the financial position of the applicant, straightway rejected the prayer for extension.