KARAM SINGH Vs. RAM KRISHAN SHARMA

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure against the order dated 10.3.2008, passed by the learned Chief Judicial magistrate in case No. 6-1/2004 titled Ram Krishan Sharma v. Karam Singh, under Section 138 of the Negotiable Instruments Act, 1881, whereby the defence of the Petitioner was closed by the order of the court, after granting various opportunities.

(2.) Heard and gone through the record.

(3.) A perusal of the record shows that after closure of the prosecution evidence, Petitioner herein was examined under Section 313 of the Code of Criminal Procedure on 28.6. 2007. Thereafter, the Petitioner intended to lead evidence in defence and the case was adjourned for 20.8.2007, on which date, neither Petitioner nor his witnesses were present. Thereafter the case was adjourned for 13.9.2007 for his evidence. Even on 13.9.2007, Petitioner absented himself and an application was moved for his exemption, which was allowed and the case was adjourned for 14.11.2007 for his evidence. The Petitioner did not take any step and even on 14.11.2007 his evidence was not present. Again, he sought time and the case was adjourned for 3.1.2008. Learned Counsel for the complainant/Respondent objected to further adjournment on the ground that the accused was delaying the matter on one pretext or the other. After hearing the parties, learned trial Court passed a detailed order which is reproduced hereunder: