PRASHANT GUPTA Vs. ASHISH PODDAR

JUDGEMENT

(1.) - Heard.

(2.) This petition under section 482 of Cr.P.C., 1973 has been preferred for quashment of order dated 14/11/2017 passed by J.M.F.C., Jabalpur in Criminal Complaint Case No.9991/2012 under section 138 of Negotiable Instruments Act, whereby an application filed on behalf of the applicant under section 315 of Cr.P.C., 1973 for permission to give his statement in defence has been rejected on the ground that the applicant closed his defence on 11/5/2017 thereafter application has been filed and the application being delayed is not tenable and the Court has no power to review its order.

(3.) The aforesaid impugned order has been assailed on the ground that it is against the law. The applicant has been deprived of producing his evidence in his defence. He has not caused any delay in the case. The case is pending since 2012. In the circumstances, it cannot be said that the applicant has caused any delay deliberately in filing the application. In the case under section 138 of Negotiable Instruments Act the applicant is a material witness in his defence hence, the impugned order be set aside and an opportunity to depose in his defence be given.