PRAKASH CHAND SHARMA Vs. KRISHNA

JUDGEMENT

(1.) By way of instant petition, a prayer has been made to set aside order dtd. 26/4/2022, passed by learned Judicial Magistrate First Class, Chopal, District Shimla, H.P., in case No. 81-3 of 2016, titled as Prakash Chand Vs. Krishna and further seeking one more opportunity for producing and examining the complainant's witnesses.

(2.) Petitioner has filed a complaint under Sec. 138 of Negotiable Instrument Act, 1881 against respondent, which is pending adjudication before learned Judicial Magistrate First Class, Chopal, District Shimla, H.P. as case No. 81-3 of 2016. Vide impugned order dtd. 26/4/2022, further opportunity to the complainant to lead evidence has been closed.

(3.) It has been averred in the petition that complaint was listed for complainant's evidence on 8/1/2019, but the witnesses could not be examined and thereafter case was listed many times for the same purposes, but witnesses could not be examined for one or the other reason. After relaxation of COVID guidelines, the matter was listed on 11/3/2022 and was adjourned to 12/4/2022 for examination of complainant's witnesses. On 12/4/2022, the case was again adjourned to 26/4/2022 for examining the complainant's witnesses, subject to payment of cost of Rs.500.00.On 26/4/2022, again complainant's witnesses were not present and his evidence was accordingly closed. The impugned order has been assailed as illegal and perverse. It is submitted that a grave injustice has been caused to the petitioner as he will suffer loss of Rs.4,10,000.00 which the respondent had taken from him as loan. It has also been contended that for substantial period the witnesses could not be examined on account of COVID Pandemic.