RAMESH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this common order, S.B. Criminal Miscellaneous (Petition) No.4789/2018, as well as S.B. Criminal Miscellaneous (Petition) No.4816/2018 preferred by the same parties, shall be decided together. Petitioner had issued a cheque amounting to Rs.3,95,000.00 in favour of the complainant/respondent No.2. The said cheque bounced in May, 2014. Aggrieved against the same, complainant/respondent No.2 instituted a complaint under Sec. 138 of the Negotiable Instruments Act. On 31/5/2017 the petitioner filed an application stating that the said cheque be sent to F.S.L. The said prayer was declined by the trial Court.

(2.) In S.B. Criminal Miscellaneous (Petition) No. 4789/2018 the above said order dtd. 31/5/2017 has been assailed, whereby the cheque was not sent to the F.S.L. The petitioner, after the said prayer was declined, had not appeared before the trial Court. The trial Court fixed 22/3/2016 for defence evidence of the accused. On 4/4/2016, counsel for the petitioner presented an application under Sec. 47 of the Indian Evidence Act and the said application was decided on 31/5/2017. Thereafter, the case was fixed for recording of defence evidence on 11/7/2017, 30/8/2017, 7/9/2017, 19/9/2017 and 27/10/2017 respectively. The trial Court adjourned the matter for 30/8/2017 by awarding cost of Rs.100.00. Thereafter, on 7/9/2017 the case was adjourned by imposing cost of Rs.300.00. On 19/9/2017 cost of Rs.500.00 was imposed upon the petitioner but still evidence was not led. On 27/10/2017 defence evidence was closed and the case was fixed for arguments on 13/11/2017. Thereafter, the case was adjourned for arguments on 9/12/2017, 6/1/2018, 29/1/2018 and 5/3/2018 respectively and then the petitioner prayed for affecting compromise and the case was adjourned to 5/4/2018. Thereafter, the matter was sent to the Lok Adalat on 22/4/2018 and again for final arguments, the case was adjourned to 5/5/2018, 15/5/2018, 29/5/2018, 14/6/2018, 5/7/2018 and 20/7/2018 respectively. The case was fixed for final arguments on 1/8/2018.

(3.) The learned counsel appearing for the petitioner has submitted, at Bar, that today the case is fixed for arguments and the last opportunity has been granted.