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2018 DIGILAW 1909 (RAJ)

Vishal Yadav v. State of Rajasthan

2018-09-12

KANWALJIT SINGH AHLUWALIA

body2018
JUDGMENT Kanwaljit Singh Ahluwalia, J. - Present petition has been filed under Section 482 Cr.P.C., 1973 by the accused petitioner. He is aggrieved against the order dated 03.05.2018 whereby the application filed by the petitioner under sections 311 and 91 Cr.P.C., 1973 has been dismissed by the court of Judicial Magistrate(First Division) No.3, Ajmer. 2. Counsel for the petitioner has contended that the petitioner accused had lodged FIR No.232 dated 16.03.2018 at Police Station Vaishali Nagar, District Jaipur(West) stating therein that complainant has misused the cheque qua which complaint under section 138 of Negotiable Instruments Act has been filed by the complainant against the accused petitioner. 3. Counsel for the petitioner has contended that trial court hurriedly closed the defence evidence of the petitioner. 4. Mr. Kapil Prakash Mathur, to controvert the statement made by counsel for the petitioner, has contended that petitioner already avail four opportunities with a purpose to delay the trial. 5. After hearing counsel for the petitioner, counsel for the complainant and the learned Public Prosecutor, the present petition is allowed and one opportunity is granted to the petitioner to step into witness box as a defence witness on the day to be fixed by the trial court. 6. A further direction is issued to the trial court that after examination of the petitioner as a defence witness trial be concluded within one month thereafter.