HARISH CHANDRA AGARWAL Vs. SWITY SINGLE

JUDGEMENT

(1.) By way of filing the instant criminal misc. petition under Sec. 482Cr.P.C./528BNSS, the petitioner who is an accused in a complaint filed by respondent under Sec. 138 N.I. Act has challenged the order dtd. 2/4/2025 passed by the learned Additional Sessions Judge, No. 1, Aburoad passed in Criminal Revision No. 8/2025 and the order dtd. 24/2/2025 passed by the learned Additional Chief Judicial Magistrate, MountAbu in Regular Criminal Case No. 262/2021 whereby the application filed by him under Sec. 254(2) Cr.P.C for summoning Smt. Om Kumari as defence witness has been rejected.

(2.) Learned Counsel for the petitioner submitted that the learned Trial Court vide impugned order dtd. 24/2/2025 has rejected the application filed under Sec. 254(2) Cr.P.C without any just and valid grounds. Aggrieved by the order dtd. 24/2/2025, the petitioner has challenged the same by way of filing a criminal revision before the learned Additional Sessions Judge, No. 1, Aburoad, which came be rejected as being non-maintainable.

(3.) Drawing attention of the Court towards Sec. 254 Cr.P.C., learned Counsel submitted that an accused must be given an opportunity to put up his defence and for the said purpose, the witness can be summoned by the Court.