SANJAY JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These criminal misc. petitions have been filed by the petitioner being aggrieved with the orders passed by the Additional Sessions Judge No.3, Chittorgagh in various criminal revision petitions filed on behalf of the petitioner whereby the criminal revision petitions have been dismissed. The said criminal revision petitions were preferred by the petitioner against the orders dated 07.10.2016 and 21.10.2016 passed by the Special Judicial Magistrate (NI Act Cases), Chittorgarh whereby the applications filed by the petitioner in different proceedings pending against him under Section 138 of the Negotiable Instrument Act and under Sections 45 and 73 of Indian Evidence Act read with section 293 Cr.P.C. have been dismissed.

(2.) Learned counsel for the petitioner after attempting to argue the matter for quite some time, submits that he does not want to press these petitions, however, states that in the proceedings pending against the petitioner under Section 138 of the Negotiable Instrument Act before the Court of Special Judicial Magistrate (NI Act cases), Chittorgagh, the opportunity of the petitioner to produce his defence evidence has been closed by the said court vide order dated 09.01.2017. It is prayed by the learned counsel for the petitioner that in the interest of justice, one last opportunity be granted to the petitioner to produce his defence evidence. Learned counsel for the petitioner has submitted that for that purpose the petitioner is ready to pay reasonable cost to the complainants, who have initiated the proceedings against the petitioner under Section 138 of the Negotiable Instrument Act. It is also contended by the learned counsel for the petitioner that petitioner has failed to produce his defence evidence on account of pendency of the criminal revision petitions before the Additional Sessions Judge No.3 Chittorgarh.

(3.) Having considered the prayer made by the learned counsel for the petitioner, in the interest of justice one last opportunity is granted to the petitioner to produce his defence evidence in all the proceedings pending against him under Section 138 NI Act before the Court of the Special Judicial Magistrate (NI Act), Chittorgarh. The petitioner shall positively produce his defence evidence before the trial court on or before 06.02.2017. The petitioner is also directed to pay cost of Rs.500/- each to all the complainants, who (4 of 4) have filed the complaints against him.