LAWS(BOM)-1979-8-38

AELTEMESH REIN Vs. STATE OF MAHARASHTRA

Decided On August 14, 1979
AELTEMESH REIN Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THE applicant -accused has preferred this revision application feeling aggrieved by the order dated 30th July, 1979 passed by the learned Chief Judicial Magistrate, Nagpur, directing issue of a summons to bank agent to be examined as a Court witness when the case was fixed by him for pronouncement of judgment.

(2.) THE applicant is facing this trial for the offence punishable under Section 420 of the I. P. C. before the learned Chief Judicial Magistrate, Nagpur. After recording of evidence of about 11 or 12 witnesses, the case came to be fixed for further evidence on 26th June, 1979. As the prosecution witnesses were absent on that date, the prayer of the learned A. P. P. for grant of further time to produce the witnesses on the next date was rejected by the learned Magistrate. The Roznama dated 26.6.1979 reads thus :

(3.) AFTER the statement of the accused was recorded, the case came to be fixed for argument on 21.7.1979 on which date the arguments were heard and the case was posted for pronouncement of judgment on 30th July, 1979.