MAHENDRA KUMAR PATEL Vs. SINDH HARDWARE STORE

JUDGEMENT

(1.) This petition under Section 482 of the Criminal Procedure Code, 1973, hereinafter referred to as "the Code" has been filed by the applicant/accused against the impugned order dated 19.06.2015 passed in Criminal Case No. 454/2015, by Judicial Magistrate First Class, Hoshangabad, whereby the Magistrate closed the right of the applicant for producing defence evidence.

(2.) The respondent/complainant has filed criminal case against the applicant for commission of offence punishable under Section 138 of the Negotiable Instrument Act (66 of 988), hereinafter referred to as "the Act", before learned trial Court. It was alleged that the applicant has purchased the agricultural equipments on credit and payment was made through a cheque bearing No.022644 dated 08.06.2010 payable at Axis Bank, Hoshangabad, when the respondent deposited the cheque in his bank it was dishonored due to mis-match signature of the applicant.

(3.) Facts leading to present dispute summaries as that, plea of the applicant is that he does not purchased any agricultural equipments from the respondent; however his brother purchased the same and also made the payment by cash. While applicant examined under the provisions of Section 313 of the Code he has specifically denied all evidence put forth against him. The applicant voluntarily come forward to give evidence by written request and enters in witness box. When the case was fixed for evidence of the applicant and his witnesses, the applicant could not appear before learned trial Court due to illness and has filed an application under Section 317 of the Code for exemption of his personal presence, which were allowed but, learned trial Court closed the right of the applicant to produce the defence evidence on the ground that the applicant has already taken more time for the same purpose.