TEK SINGH Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Crimial P.C. has been filed by the petitioner with the prayer for quashing the order dated 08.10.2014 whereby the Additional Chief Metropolitan Magistrate No.3, Jodhpur Metropolitan (hereinafter referred to as 'the court below'), in the proceedings pending against the petitioner under Sec. 138 Crimial P.C. has ordered for closing of opportunity to produce defence evidence.

(2.) Learned counsel for the petitioner has submitted that on 8.10.2014, when the opportunity of producing the defence evidence was closed, the petitioner was in Delhi in relation to treatment of her sister and, therefore, he failed to produce defence witness for cross-examination by the complainant.

(3.) Learned counsel for the petitioner has submitted that though earlier this Court vide orders dated 8.7.2014 and 17.7.2014 has granted last opportunity to the petitioner for producing DW-1 for cross-examination by the complainant, however, due to some unavoidable circumstances, the petitioner has failed to produce DW-1 before the court below and in that event, the impugned order has been passed.