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2020 DIGILAW 764 (HP)

Parminder Thakur v. Manager, H P State Cooperartive Agriculture And Rural Development Bank Limited

2020-10-26

ANOOP CHITKARA

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JUDGMENT Anoop Chitkara, J. - Having been arraigned as an accused in complaint under section 138 of Negotiable Instruments Act, 1881 filed for bouncing of cheque amounting to Rs. 10,55,000/-, the complainant- Bank filed a criminal complaint against the petitioner/accused in the Court of Judicial Magistrate, 1st Class, Arki, District Solan. 2. During the pendency of prosecution, vide order dated 30.01.2020, the trial Court struck off evidence of the accused because despite various opportunities, he did not lead any defence evidence. 3. Challenging the closure of the defence evidence, the petitioner came before this Court by way present criminal revision petition on the ground that due to ill-health, he could not lead defence evidence. 4. I have heard Mr. J.L. Bhardwaj, learned counsel for the petitioner, and Mr. Narender Thakur, learned counsel for the respondentBank and have gone through the records. 5. Mr. J.L.Bhardwaj, learned counsel for the petitioner submits that the petitioner would also make an endavour to settle the entire dispute with the bank and in case, the petitioner is given an opportunity to lead evidence, the same shall be completed in the month December, 2020. 6. Without adverting to the merits of the petition and given the fact that it is not a huge number of opportunities, the court has afforded to the accused and also the medical certificate annexed by him, one final opportunity can be given to the accused to lead defence evidence. However, such opportunity is subject to the petitioner paying a compensation of Rs. 10,000/- by depositing the same in the account of National Disaster Response Fund bearing Account No. 10314382194, IFSC SBIN0000625, State Bank of India, Central Sectt. Branch, New Delhi ( for NEFR/RTGS) within a week from today. After depositing the amount, print out of the same be filed by the learned counsel for the petitioner in the Registry and one print out of the same attested to be a true copy, be produced before the learned trial Court. 7. With these observations, the present revision petition is allowed and the order dated 30.01.2020, passed by learned JMIC, Arki, District Solan, H.P is set aside and the accused is afforded one opportunity to lead defence evidence by 31.12.2020. 8. It is clarified that the petitioner would have the time to lead defence evidence on or before 31.12.2020. 7. With these observations, the present revision petition is allowed and the order dated 30.01.2020, passed by learned JMIC, Arki, District Solan, H.P is set aside and the accused is afforded one opportunity to lead defence evidence by 31.12.2020. 8. It is clarified that the petitioner would have the time to lead defence evidence on or before 31.12.2020. The parties through their counsel are directed to appear before the learned trial Court on 03.12.2020. 9. The petition is disposed of in the above terms, so also the pending miscellaneous application(s), if any.