GUPTA TEXTILES HOLESALE CLOTH MERCHANT Vs. RAJASTHAN SPINNING

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and perused the orders impugned.

(2.) IT is contended by learned counsel for the petitioners that the accused petitioners have a valid defence and therefore, considering the defence, the accused petitioners deserves to be discharged for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'the Act' hereinafter).

(3.) IN State of Orissa vs. Debendra Nath Padhi, 2003 (3) R. Cr. D. 390 (SC) = JT 2004 (10) SC 303, a three Judge Bench of the Hon'ble Supreme Court held that at the time of framing the charge or taking cognizance, the accused has no right to produce any material. The Apex Court further observed that the only right the accused has at that stage is of being heard and nothing be- yond it. The Apex Court further held as under:--