RAJENDRA MANHERLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Articles 226, 227 and 235 of the Constitution of India read with section 482 of the Criminal Procedure Code, 1973 is filed with following prayers:-

(2.) Learned Advocate for the petitioner has taken this Court through the pleadings, more particularly the memo of the petition, wherein averments are made with regard to proceedings which, according to him, transpired in the course of trial regarding an offence registered under the provisions of section 138 of the Negotiable Instruments Act, which was numbered as Criminal Case No.489 of 2017. 2. 1 Learned Advocate for the petitioner submitted that behaviour of a Judicial Officer as is reflected in the pleadings is palatable and appears to be at the behest of the Lawyer who was appearing for the complainant side. 2. 2 It is submitted that the petitioner moved an application Exh.14 praying for discharge of the petitioner and closing down the proceedings and therefore, when order on application Exh.14 was passed on 16.07.2018, application Exh.15 was filed on the very day seeking for an adjournment and to record plea. 2. 3 Learned Advocate for the petitioner submitted that ordinarily, when an application for adjournment is made, especially on a valid ground, the Court usually grants such adjournment, but in the facts of this case, the Court of the Magistrate has taken a different view and has granted even a single day's time before proceeding to order recording of plea.

(3.) The Court has considered the arguments advanced by learned Advocate for the petitioner and has perused the documents on record.