NEMI CHAND JAIN Vs. PAWAN SYNTHETICS

JUDGEMENT

(1.) Instant petition U/s. 482, Cr.PC., has bee filed by accused against order dated 25.05.07 in Cr. Case-6/2007, whereby his application for summoning alleged document A4/16 from court of Chief Judl. Magistrate, Sikar, has been rejected by trial Magistrate (ACJM Sikar).

(2.) Criminal complaint was filed by respondent alleging inter-alia for commission of offence punishable under Negotiable Instruments Act, 1881 ("the Act") on account of two cheques to the tune of total Rs. 1.50 lacs being dishonoured. After summons were issued to the petitioner, the trial commenced and statement of complainant was closed on 23.07.05 and the matter was fixed for recording of defence evidence on 20.08.05 and thereafter statements of defence witnesses could not be recorded for one reason or the other till 17.01.07. Recording of statement of accused Nemichand (Dw.1) started on 17.01.07 and completed on 03.08.07. Statement of Shankerlal (Dw.2) was recorded on 08.08.07 and matter was kept for recording of statements of defence witnesses if any further.

(3.) Initially applications were filed by petitioner for transfer of criminal case from one court to another, at least for more than thrice-reference whereof has been made by Sessions Judge, Sikar in his last order dated 04.07.07 whereby his application for transfer was dismissed. First transfer application was filed in Oct., 2005 and matter was transferred from ACJM Sikar to the Court of CJM Sikar for disposal of criminal case, when again petitioner filed application seeking transfer of the case from the Court of CJM Sikar and vide order dated 05.12.06, the case was transferred from CJM to ACJM Sikar with the direction to dispose of the case within three months.