RAJEEV KUMAR HUDDEN Vs. AMAR CHAND BISHT

JUDGEMENT

(1.) The petitioner has filed the present petition to set aside the order dtd. 7/10/2025, passed by learned Judicial Magistrate First Class, Ani, District Kullu, H.P. (learned Trial Court), vide which his defence was closed by the order of the Court. (The parties shall hereinafter be referred in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present petition are that the complainant filed a complaint before the learned Trial Court for the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881. The matter was listed for recording the defence evidence on 7/10/2025, when no evidence was produced. Learned Trial Court noticed that ample opportunities had been availed and the last opportunity was granted to the petitioner to produce the evidence; however, no plausible reason was assigned for the non-production of the evidence. Hence, the evidence was closed by the order of the Court.

(3.) Aggrieved by the order passed by the learned Trial Court, the petitioner/accused has filed the present petition asserting that the learned Trial Court erred in passing the order. Non-examination of the defence witnesses would prejudice the petitioner's case, and he would be deprived of establishing his innocence. The statement under Sec. 313 of Cr.P.C. was recorded on 4/8/2025. The matter was listed on 25/8/2025, 3/9/2025 and 7/10/2025. Only three opportunities were granted to the petitioner to produce the evidence, and the learned Trial Court was not justified in closing the evidence. Hence, it was prayed that the present petition be allowed and the order passed by the learned Trial Court be set-aside.