VIRUS Vs. RAMESH JASWAL

JUDGEMENT

(1.) The controversy involved in this petition is very narrow compass. Proceedings stand initiated against present petitioners by the respondent herein, under Section 138 read with Section 142 of the Negotiable Instruments Act. Despite number of opportunities having been granted by learned trial court to the present petitioners to lead evidence, the same was not led. In the meanwhile, petitioners herein preferred two applications before learned trial court i.e. one application under Section 243 read with Section 311 of the Cr.P.C. along with Section 45 and 73 of the Indian Evidence Acts and another application was filed under Section 216 read with Section 313 of Cr.P.C.

(2.) The application filed under Section 216 read with Section 313 of Cr.P.C. was dismissed by learned trial court vide Order dated 31.7.2018. While dismissing said application, learned trial court also observed that as four opportunities already stood granted to present petitioners to lead evidence, last opportunity on self responsibility to do so was granted for 18.8.2018.

(3.) Feeling aggrieved by Order dated 31.7.2018 petitioners filed a Revision Petition before the court of learned Additional Sessions Judge (1) Shimla. Vide order dated 30.10.2018, learned appellate court while issuing notice also stayed the proceedings pending before learned trial court till next date of hearing i.e. 26.11.2018.