- (1.) This criminal misc. petition has been filed by the petitioner against the order dated 05.11.2014 passed by the Additional Sessions Judge (Women Atrocities Cases), Udaipur (hereinafter referred to as "the revisional court"). The revisional court has dismissed the revision petition and affirmed the order dated 17.6.2014 passed by Nyayadhikari, Gram Nyayalaya, Girwa [Special Judicial Magistrate (N.I. Act Cases) No. 2, Udaipur] in Criminal Regular Case No. 3384/2009 whereby the opportunity of the petitioner to produce defence evidence has been closed.
(2.) In the pending proceedings against the petitioner under Section 138, N.I. Act Cases, the prosecution evidence was closed on 15.7.2013 and thereafter statement of the petitioner was recorded under Section 313, Cr. P. C. and as many as five times i.e. 22.1.2014, 22.2.2014, 30.3.2014, 19.4.2014 & 17.6.2014, he was granted opportunity to produce defence evidence. Out of those five opportunities, two opportunities were granted to the petitioner on costs. The learned trial court, after taking into consideration all these facts and circumstances of the case, closed the opportunity of the petitioner to produce his defence vide order dated 17.6.2014. The revisional court has also taken into consideration all these facts and circumstances of the case and has held that the petitioner has failed to produce defence evidence despite providing sufficient opportunities and trial court did not commit any illegality in passing the impugned order whereby the opportunity of the petitioner to produce the defence evidence was closed.
(3.) Learned counsel for the petitioner has submitted that he may be given one last opportunity to produce his defence evidence on cost and thereafter he will not seek any further opportunity.;