RAJKAMAL O SHARMA Vs. KOTA STONE SYNDICATE

JUDGEMENT

(1.) PETITIONER Rajkamal O Sharma is facing trial for the offence under Section 138 of the Negotiable Instruments Act in the Court of Addl. Chief Judicial Magistrate, Ramganj Mandi. The petitioner submitted an application for summoning the witnesses which was rejected by the trial Court vide order dt. 26.11.2008. A revision petition preferred by the petitioner against this order came to be dismissed by the Addl. Sessions Judge, Ramganj Mandi vide order dt. 17.01.2009. Hence, this petition.

(2.) HEARD learned Counsel for the petitioner and perusd the impugned orders as well as the material produced on the record of the file.

(3.) IT is true that no opportunity has been provided to the petitioner for producing evidence in his defence and after recording his statement his request has been rejected solely on the ground that the witnesses to be summoned would not deposit in favour of the petitioner as any statement in the form of defence as proposed by the petitioner would go against them. Such fact is not to be taken into account by the trial Court at the time of deciding the application. What the Court is required to see is the relevancy of the evidence. What statement ultimately would be given is a factor which should not have been taken into consideration by the Court at the time of deciding such application. In the facts and circumstances of the case, I am of the opinion that in the interest of justice opportunity should have been given to the petitioner for producing his defence.