ASHOK MITTAL Vs. ASHIMA ANAND

JUDGEMENT

(1.) Present petition under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') has been filed praying for quashing of order dated 16.10.2018 (P-5), passed by learned Additional Sessions Judge, Chandigarh, whereby the Criminal Revision No.288 of 2018 of the petitioner has been dismissed and order dated 10.08.2018, passed by learned Judicial Magistrate 1st Class, Chandigarh, thereby closing defence evidence, has been affirmed.

(2.) Brief facts of the case are that respondent/claimant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') on account of dishonour of cheque. Learned trial Court summoned the petitioner and in pursuance thereof, he appeared and after obtaining the bail, choose to contest the complaint. After usual accusation, the evidence of the prosecution was closed on 27.02.2018 and thereafter, the entire incriminating material was put before the petitioner on 08.03.2018 in terms of Section 313 Cr.P.C. and he claimed innocence. Also necessary to mention here that petitioner opted to lead evidence in his defence and that started on 15.03.2018, but till the passing of the impugned order, despite availing about eight opportunities, he failed to conclude his defence and that led to the passing of the impugned order. Hence, the present petition.

(3.) It is contended by learned Counsel for the petitioner that perusal of the impugned order reveals that on the same very day, learned trial Court accepted the application of the petitioner for granting exemption from his personal appearance and at the same time, closed his evidence for defence and that approach of learned trial Court is absolutely unsustainable in the eyes of law. Also argued that the petitioner has not been afforded sufficient opportunity to plead his innocence.