JAISHI RAM SHARMA Vs. BAL KRISHAN RAWAT

JUDGEMENT

(1.) Petitioner has filed the present petition under Sec. 482 Code Criminal Procedure read with Art. 227 of the Constitution of India praying for quashing of the order, dated 3.10.2012, passed by the learned Judicial Magistrate Ist Class, Court No.1, Rohru, vide which the defence evidence of the petitioner was closed.

(2.) I have heard the learned counsel for the parties and have gone through the record of the case.

(3.) Briefly stated, the facts of the case are that the petitioner is facing trial before the learned trial Court under Sec. 138 of the Negotiable Instruments Act. The case was fixed for defence evidence on 3.10.2012, on which date, the petitioner, who is accused in the case before the learned trial Court, prayed for exemption for appearance which was allowed by the court for the reasons given therein. However, the case was also fixed for defence evidence and since it was not produced, the defence evidence was closed. Once the learned trial Court had granted exemption to the accused, an opportunity should have been given to him to lead defence evidence.