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2017 DIGILAW 2263 (RAJ)

Mohd. Harun v. State Of Rajasthan

2017-10-27

PUSHPENDRA SINGH BHATI

body2017
JUDGMENT ORDER Pushpendra Singh Bhati, J. - This criminal misc. petition under Section 482 Cr.P.C., 1973 has been preferred against the order dated 06.09.2017 passed by learned Additional Sessions Judge No.6, Jodhpur Metro in Criminal Revision No.434/2017, whereby the learned revisional court dismissed the revision petition of the petitioner, which was filed against the order dated 14.07.2017 passed by the learned Metropolitan Magistrate No.9, Jodhpur Metro, whereby the learned trial court closed the evidence of the petitioner/accused. 2. The learned courts below have rightly closed the defence evidence on account of the petitioner not submitting the same even after given sufficient opportunities. 3. Learned Public Prosecutor submits that any reopening of defence evidence shall prolonged the proceedings. 4. Learned counsel for the petitioner states that in the interest of justice, one last opportunity may be given for producing the defence evidence. 5. The matter pertains to a trial under section 138 of NI Act and therefore, any conclusion of the trial without crossexamination shall be detrimental to the broader cause of justice. Therefore, in the interest of justice, the present petition is allowed and the impugned order dated 06.09.2017 passed by learned Additional Sessions Judge No.6, Jodhpur Metro in Criminal Revision No.434/2017 and the order dated 14.07.2017 passed by the learned Metropolitan Magistrate No.9, Jodhpur Metro are hereby quashed and set aside and the learned courts below are directed to give one last opportunity to the petitioner for cross-examination concerned only if he submits the cost of Rs. 5,000/-before the learned court below within a period of 15 days from today which shall be deposited with the Rajasthan State Legal Services Authority.