PUSHPA C YADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned counsel appearing for the respective parties.

(2.) BY way of filing present petition, the petitioner is challenging the legality and validity of the order dated 12. 01. 2009 passed by the Learned Additional Senior Civil Judge and Judicial Magistrate (First Class), Surendranagar below application, Exh. 63 in Criminal Case No. 668/2004.

(3.) SHORT facts giving rise to filing of the present petition is that Criminal Case No. 668/2004 came to be filed before the Court of Learned J. M. F. C. , Surendranagar against the present petitioner alleging inter alia that the petitioner has taken loan of Rs. 2. 00 lacs, for which, he has issued cheque dated 19. 02. 2004 for an amount of Rs. 1,50,000/-, which was dishonoured upon presentation. Thereafter, the trial has commenced from time to time. Thereafter, when the matter was kept for recording the further statement of the accused under Section 313 of the Code of Criminal Procedure, the complainant has submitted an application, Exh. 63 with a prayer to reopen the right of evidence, which was allowed by the Court below vide impugned order by imposing cost of Rs. 500/-, which gave rise to file present petition.