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Madhya Pradesh High Court · body

2014 DIGILAW 917 (MP)

Sanjay Sharma v. S. P. Agerwal

2014-07-30

G.S.SOLANKI

body2014
JUDGMENT 1.Considering the nature of petition, heard finally. 2. Short point involved in this petition is that the Judicial Magistrate First Class, Jabalpur has closed the right of the applicant to adduce the defence evidence vide order dated 19.3.2014 with the observation that despite providing the repeated opportunity to adduce evidence in defence, applicant/ accused failed to adduce evidence before the trial Court. Being aggrieved thereby, applicant preferred the revision petition before Sessions Court. Same was also dismissed vide order dated 18.6.2014, hence this petition. 3. It reveals on perusal of impugned order dated 18.6.2014 that applicant/accused took defence of repayment of money to the respondent/complainant in presence of witnesses Vivek Gupta, Janab Kalim Khan and Tekchand Gautam. 4. It is true that despite providing the opportunity, applicant had not produced the aforesaid evidence before the trial Magistrate but at the same time if accused having witnesses before whom repayment was made, certainly opportunity of producing such evidence must be granted. In these circumstances, the order passed by the court below is hereby set aside and the petition is allowed with a direction that applicant/accused shall adduce the evidence of the witnesses like Vivek Gupta, Janab Kalim Khan and Tekchand Gautam before the trial Magistrate on 20.8.2014. 5. It is made clear that on the aforesaid date, applicant and his three witnesses shall remain present before the trial Court and if the witnesses are not present before the trial Court on the aforesaid date, no further opportunity will be granted to the applicant/accused to adduce the evidence and in such circumstances trial Court shall be at liberty to dispose of the case in accordance with law. C.C. as per rules.