GNANDRUM ENTERPRISES Vs. AGENCIA DE GOA AND ORS.

JUDGEMENT

(1.) Rule. Respondents waive service. By consent, returnable forthwith and taken up for hearing and final disposal.

(2.) The petitioner has filed a complaint under Section 138 of the Negotiable Instruments Act against the respondents. The petitioner sought to produce certain documents on record in the form of an invoice generated by the petitioner firm. He submitted that the document was not accompanied with a certificate under Section 65-B of the Indian Evidence Act. The petitioner, therefore, moved an application for swearing an affidavit under Section 65-B of the Indian Evidence Act, inter alia, seeking leave to produce a CD on record containing the invoice. The application was allowed. The petitioner was to adduce evidence after producing documents on 03/06/2019. However, on 03/06/2019, the advocate of the petitioner had to attend a funeral of one Sabajeet Sharma, who died in an accident on 02/06/2019. The learned Magistrate by an impugned order dated 03/06/2019 found the petitioner and his Counsel absent and, therefore, closed the chief of PW1.

(3.) It appears from the roznama dated 17/04/2019 that the petitioner had sought time. It was granted by the Trial Court by way of last and final opportunity. It was made clear that if the petitioner fails to produce documents on the next date i.e. the date on which the impugned order was passed, his evidence would be closed.