NEELAM SHARMA Vs. GANGADAS IRRIGATION SYSTEM

JUDGEMENT

(1.) THIS petition u/s 482 Cr. P. C. seeks quashing of order dated 29. 9. 2002 passed by learned Special Judge (Fake Currency notes) Cases, Jaipur in Criminal Revision No. 176/02 whereby the order dated 18. 9. 2002 passed by the learned Judicial Magistrate No. 16, jaipur City, Jaipur in Criminal Case No. 917/01 closing the evidence in a case u/s 138 of the Negotiable Instruments Act, 1881 has been upheld.

(2.) THE relevant facts are that in the case instituted on the complaint of non-petitioner-complainant for the offence u/s 138 of the Negotiable instruments Act, 1881 the defence evidence was closed on 18. 9. 2002 as the remaining defence witnesses did not appear despite service of summons on them. The written application moved by and on behalf of the accused for summoning the remaining witnesses as per the list was also rejected on the same day.

(3.) LEARNED counsel for the petitioner has contended that the order of the Court below is arbitrary and non-speaking. No reasons have been given in the order for refusing to summon defence witnesses. The evidence has been closed without affording the accused sufficient opportunity to lead his evidence in defence. The order does not indicate as to how many opportunities have been given. No fault on his part has been pointed out in the order for refusing him further opportunity to lead defence evidence. He has also submitted that the Court has not recorded that the witness is not material for just decision of the case.