PUSHPENDRA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this instant misc. petition under Sec. 482 Cr PC, the petitioner has challenged the order dtd. 12/4/2023 passed by learned Pilot Study Special Judicial Magistrate (NI Act Cases) Jaipur Metropolitan-I, Jaipur in Criminal Case No. 156/2018 (Ashok Kumar Chandani v. Pushpendra Sharma) whereby the application under Sec. 311 Cr.P.C. filed on behalf of the petitioner was dismissed.

(2.) Learned counsel for the petitioner submits that the petitioner is facing criminal trial for offence under Sec. 138 of N.I. Act in Criminal Case No. 156/2018 before the learned trial court. It is submitted that on 17/8/2022, an application was filed by the petitioner under Sec. 315 Cr.P.C. for examining himself as a witness in his defense. The said application was accepted on the same day and the matter was posted for 12/9/2022 for defence evidence. It is submitted that petitioner could not appear before the learned trial court because he was not well on that day and as such, the learned trial court closed the defense evidence. Thereafter, the petitioner moved an application under Sec. 311 Cr.P.C. for re-opening of defence and to allow him to appear in the witness box but said application was dismissed vide order dtd. 12/4/2023. It is submitted that petitioner is a competent witness and his examination is very essential for just decision of the case. It is submitted that if the prayer of the petitioner is not accepted, the petitioner would not be able to defend his case properly and serious prejudice would be caused to him. He, therefore, prays that in the interest of justice, the petitioner may be given one opportunity for his examination as a witness in his defense.

(3.) Learned State counsel opposed the prayer made by learned counsel for the petitioner.