MAHAVEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Misc. Petitions under Sec. 482 Cr.P.C. have been preferred claiming the following reliefs:

(2.) Brief facts of the case as placed before this Court by learned counsel for the petitioner are that the respondent no.2 lodged a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 against the petitioner for dishonor of a cheque issued by him in the year 2016. And that, the charges for the said offences were framed against the accused-petitioner and the trial accordingly begun.

(3.) Learned counsel for the petitioner submitted that thereupon the respondent no. 2 produced himself as a prosecution witness and thereafter none of the prosecution witnesses were called for, and the prosecution evidence was closed; thereafter, the petitioner filed an application along with the list of the prosecution witnesses, and prayed before the learned Court below to permit him to submit his statement as a witness, on affidavit, as under Sec. 145 (1) of the Act of 1881, which came to be summarily dismissed vide the impugned order, dtd. 18/9/2021, which as per learned counsel for the petitioner, was a non-speaking order.