KAMAL MOHANTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is challenging an order dated 21.11.2020 passed by the learned Additional Chief Judicial Magistrate, Contai, Purba Medinipur in CR Case No. 323 of 2016 under Section 138 of Negotiable Instruments Act, thereby fixing 5th December, 2020 as the last chance for adducing evidence on behalf of the defence.

(2.) On 7.12.2020 this Court had granted liberty to the petitioner to pray for an adjournment before the learned trial Court on the next date i.e. on 14.12.2020. On the petitioner's prayer, the learned trial Court was pleased to fix 24.12.2020 as the next date.

(3.) Learned counsel appearing for the petitioner submits as follows. On 21.11.2020 an application was filed on behalf of the accused/petitioner stating that the witness was suffering from Hepatitis and was prescribed bed rest for four weeks. The accused/petitioner prayed that, accordingly, a date may be fixed after the said period. Yet the learned trial Court adjourned the proceeding only after imposing a cost on the accused and fixed 5.12.2020 as the last chance to adduce defence evidence. On 5.12.2020, the learned trial court fixed 14.12.2020 as the next date. In the interest of justice, a fair opportunity should be granted to the defence to produce its witnesses and accordingly, a date may be fixed sometime after 20th December, 2020. In fact, the defence has two witnesses to be examined. They stay at different places and summons has been issued only in respect of one of the said two defence witnesses. It is germane to mention that the present petitioner was not responsible for any delay in conducting of the proceeding.