GURDEV SINGH Vs. H.P. GRAMIN BANK
HIGH COURT OF HIMACHAL PRADESH
H.P. Gramin Bank
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CHANDER BHUSAN BAROWALIA,J. -
(1.)The present petition has been maintained by the petitioner/accused under Section 482 of the Code of Criminal Procedure for quashing and setting aside the order dated 23.03.2019, passed by the learned Additional Chief Judicial Magistrate, Nalagarh, District Solan, H.P., in Case No.83/3 of 2015 titled as HPGB vs. Gurdev Singh whereby the opportunity of the petitioner accused to produce/lead the defence evidence had been closed by the learned Trial Court.
(2.)Briefly stating the facts, giving rise to the present petition are that, against the petitioner, a complaint is filed by the complainant/respondent (hereinafter to be referred as the ('complainant-bank') under Section 138 of the Negotiable Instrument Act. The complaint is maintained for the dishonour of the cheque of Rs.9,00,000/- (Rupees nine lacs) and it is pending adjudication in the learned Trial Court.
(3.)The learned Court below closed the evidence of the petitioner, who was respondent in the complaint under Section 138 of the Negotiable Instrument Act, vide order dated 23.03.2019, which reads as under:- "23.3.19. Pt. Complainant with Sh. Manish Dadhwal, Avocate.
Acused with Sh. Rahul Chandel, Advocate.
No Dws are present as steps not taken despite last opportunity. Hence evidence of the defence is hereby closed by the orders of the Court. Let the file be put up for arguments for 26.4.19."
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