MAYA RAM Vs. BHOOP SINGH

JUDGEMENT

(1.) This petition is directed against Order dated 3.10.2015 rendered by the learned Chief Judicial Magistrate, Sirmaur District at Nahan, in Complaint No. 55/3 of 2013.

(2.) "Key facts" necessary for the adjudication of the present petition are that the petitioner issued a cheque bearing No. 007175 dated 12.11.2012. Complainant had recorded his evidence. Statement of the petitioner was recorded on 20.3.2014. Matter was fixed on various dates for recording statements of DW's. Last opportunity was granted to the petitioner on 28.8.2015 to produce remaining DW's for 5.10.2015. However, surprisingly, the matter was listed on 3.10.2015 instead of 5.10.2015. Though Shri Sunil Dutt, learned counsel for the petitioner appeared on 3.10.2015 but the DW's could not be produced since they were to be served for 5.10.2015. Matter could not be preponed abruptly from 5.10.2015 to 3.10.2015. It is true that various opportunities had been granted to the petitioner to produce the DW's and his statement was also recorded under Section 313 CrPC on 20.3.2014. However, in the interest of justice, petitioner ought to have been granted another opportunity since the matter had been abruptly preponed from 5.10.2015 to 3.10.2015. In view of this, the evidence of the petitioner should not have been closed.

(3.) Accordingly, the present petition is allowed.