BRIJ MOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Crimial P.C. has been preferred by the petitioner against the order dated 5.3.2014 passed by the Addition Chief Judicial Magistrate, Nathdwara (hereinafter referred to as 'the Trial Court') whereby the application filed by the petitioner under Sec. 311 Crimial P.C. has been rejected.

(2.) Brief facts of the case are that on a complaint, filed by the respondent No. 2 against the petitioner, the Trial Court took cognisance under Sec. 138 of the Negotiable Instrument Act against the petitioner. During the trial, the statement of respondent No. 2 has been recorded in support of complaint and the statement of petitioner has also been recorded in defence and he was also cross-examined by the Counsel for the respondent No. 2 on 30.10.2013. After 30.10.2013, the petitioner was granted several opportunities to produce evidence in defence, but the petitioner did not produce any such evidence and ultimately on 5.3.2014, he moved an application under Sec. 311 Crimial P.C. while stating that during the course of his cross-examination, the learned Counsel for the respondent No. 2 asked him a question that the cheques in question were handed over to the respondent No. 2 on 12.4.2008 and he has denied the said suggestion, but in order to prove the fact then on 12.4.2008, he was not available in Nathdwara town and he was in Ahemdabad, he wants to produce his evidence and, therefore, he prayed that the Court should allow him to further record his statement as witness.

(3.) The said application of the petitioner was opposed by the respondent No. 2 on the ground that the fact of handing over of cheque by the petitioner to the respondent No. 2 was very much mentioned in the notice, sent to the petitioner after the cheque in question was not realised on account of stop payment, therefore, it cannot be said that the respondent No. 2 has raised this plea for the first time when the petitioner was cross-examined during the trial.