MUKUNDA RAM DAS Vs. MANAB LAHKAR

JUDGEMENT

(1.) Heard Mr. M.J. Quadir, learned counsel, appearing for the petitioner. Also heard Mr. M.K. Nath, learned counsel, appearing for the respondent/Opp. Party.

(2.) By this application, filed under Section 401 and Section 397 Cr.P.C. read with Article 227 of the Constitution of India, the petitioner has challenged the order, dated 4.10.2010, by which the learned Magistrate refused the petitioner's prayer for granting him an opportunity to adduce defence evidence and prove certain documents for his defence.

(3.) The Opp. Party as complainant, instituted a proceeding under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter called the 'NI Act') against the present petitioner and the said proceeding was registered C.R. Case No. 7319c/2005 under Section 138 of the N.I. Act, in which the petitioner, as accused person appeared and contested the proceeding. At the close of the evidence for the prosecution, the learned SDJM No. 2, Guwahati, vide order, dated 21.08.2010, fixed the case, on 14.09.2010, for recording the statement of the accused person under Section 313 of the Code of Criminal Procedure and defence evidence.