Hon'ble Mr. Justice Gopal Krishan Vyas - (1.) HEARD learned counsel for the petitioner. It is contended that although certain opportunities were granted to the petitioner defendant to lead evidence upon cost but due to un -avoidable circumstances, the witnesses were not produced before the Court as per direction. On 14.08.2012 when the defendant was in judicial custody, he engaged another counsel Shri Shelendra Arora for taking time to lead evidence. The counsel of defendant filed power on 14.08.2012 before the Court and made a prayer that defendant Ranjeet Kumar @ Ranjeet Singh is in judicial custody, therefore, he is unable to produce evidence in the Court, therefore, some time may be granted but learned trial court while observing in the order that on last occasion it was made it clear that in the event of not producing evidence by the petitioner then the opportunity to lead evidence will be closed. Therefore, there is no question of granting further time and closed the opportunity to lead evidence.
(2.) COUNSEL for the petitioner submits that in the interest of justice, last opportunity may be granted to the petitioner defendant to lead his evidence for the reason that on 14.08.2012, petitioner defendant was in judicial custody. After perusing the entire record of the case and certified copy of the power sent by the petitioner defendant from the jail to his counsel, I deem it appropriate to grant one last opportunity to the petitioner defendant to lead his evidence. Consequently, this writ petition is allowed. The impugned order dated 14.08.2012 is quashed and trial court is directed to grant last opportunity to the petitioner to lead his evidence on next date of hearing and record the statement of witnesses produced by the petitioner defendant in the court but it is clarified that in the event of non -production of witnesses on next date of hearing, the trial court will be at liberty to proceed with the matter without granting further opportunity.;