OM PRAKASH Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. against the order dated 22.05.2017 passed by learned Additional Sessions Judge No. 1, Sri Ganganagar in revision petition No. 149/2016 (CIS No. 224/2016) whereby the learned Judge has dismissed the revision petition No. 685/2009 filed by the petitioner and upheld the order dated 19.09.2016 passed by learned Special Judicial Magistrate (NI Act Cases) No. 1, Sri Ganganagar whereby the learned Magistrate closed the defence evidence of the petitioner.

(2.) The learned court below has given sufficient reasons of the chances being given to the present petitioner from 01.04.2016 to 19.07.2016 for defence evidence. In spite of number of chances from 01.04.2016 to 19.07.2016, the petitioner did not lead the defence evidence, therefore, the impugned order was rightly passed. However, this Court notes the fact that there was a medical report on 19.09.2016 before the learned court below and in the interest of justice, the matter being of Section 138 of Negotiable Instruments Act, one last opportunity should be given.

(3.) This Court allowed the present petition and while setting aside the orders dated 22.05.2017 and 19.09.2016 passed by the learned courts below, this Court directs the petitioner to appear for giving a defence evidence on 12.07.2017. The defence evidence shall be taken by the learned courts below only after the petitioner deposits a cost of Rs. 5,000/- before the learned courts below. In case the petitioner does not deposit the cost and does not given evidence on 13.07.2017, the orders of the learned courts below dated 22.05.2017 and 19.09.2017 shall automatically stand revived on 13.07.2017. This order shall come into operation only if judgment has not been pronounced till today by the learned court below.