- (1.) Present Sri Akash Mishra, learned counsel for the applicant, learned AGA for opposite party no.-1, Sri P. Dixit, learned counsel for opposite party no.-2. Heard them and perused the records.
(2.) From perusal of the record, it is found that charges were framed against opposite party no.-2 on 5.5.2012. Thereafter dates in trial of complaint case no. 85 of 2004 (Nyay Prakash Vs. Aditya) were fixed for prosecution of evidences. From perusal of certified copy of the orders, it is found that applicant/ complainant had been not only negligent, but had been apparently and deliberately delayed the proceedings of trial and had not adduced the evidences. Then on 28.10.2015, trial court had passed order mentioning 21 adjournments sought by complainant/applicant and after observing that the next date, i.e., 19.11.2015 would be last opportunity for adducing evidence; but inspite of such directions and warning, no evidence was adduced. Then again trial court had warned for last opportunity of evidence on 1.3.2016. After it, on next date, the complainant had examined himself as PW-1, but after it on several dates he had not adduced any other evidence. On 16.08.2016 applicant/complainant was absent, then trial court had closed the opportunity of complainant's evidence and fixed the date for recording the statement of accused under Section 313 CrPC. On this next date, the applicant/ complainant's side has filed application under Section 75-Kha in court for recalling the order dated 16.8.2016. This application was considered on merit and was rejected on 31.08.2016 by trial court. After it, the date for recording statement of accused under section 313 CrPC was again fixed by trial curt. The proceedings of trial court along with order of closure of complainant's evidence has been challenged through present application u/s 482 CrPC.
(3.) Learned counsel for the applicant contended that order dated 16.08.2016 of trial court should be quashed so that complainant may get last opportunity to adduce all his evidences. His further submission is that in future no adjournment will be sought by complainant for adducing evidences.;