P.K.LOHRA,J. - (1.) Accused-petitioner has laid this criminal misc. petition under Section 482 Cr.P.C. to challenge impugned order dated 2nd of March 2017, passed by Additional Sessions Judge No.3, Chittorgarh (for short, 'learned revisional Court'), whereby learned revisional Court has declined to interfere with order dated 9th of January 2017 passed by Special Judicial Magistrate (N.I. Act) Cases, Chittorgarh (for short, learned trial Court') closing his defence evidence.
(2.) The facts, in brief, giving rise to this petition are that petitioner is facing trial for offence under Section 138 of the Negotiable Instruments Act pursuant to a complaint laid by second respondent complainant. After completion of evidence of the complainant, at the behest of petitioner, an application under Section 45 read with Section 73 of the Indian Evidence Act was filed for sending disputed cheque for FSL examination. The application is dismissed by the learned trial Court and the matter is fixed for defence evidence. The aforesaid order was challenged by the petitioner before this Court in five cases and after arguing for sometime, learned counsel for the petitioner made a request for dismissing the petitions as not pressed but at the same time requested the Court for allowing him to produce defence evidence. While considering his prayer, the Court was pleased to pass following order:- Having considered the prayer made by the learned counsel for the petitioner, in the interest of justice one last opportunity is granted to the petitioner to produce his defence evidence in all the proceedings pending against him under Section 138 NI Act before the Court of the Special Judicial Magistrate (NI Act), Chittorgarh. The petitioner shall positively produce his defence evidence before the trial court on or before 06.02.2017. The petitioner is also directed to pay cost of Rs.500/- each to all the complainants, who have filed the complaints against him. It is made clear that if the petitioner fails to produce defence evidence before the trial court on or before 06.02.2017 in all the cases pending against him under Section 138 NI Act or fails to pay the cost to the complainants as directed above, no further opportunity would be granted to the petitioner and the orders passed by the trial court, whereby the opportunity to produce the defence evidence has been closed, shall automatically be revived.
(3.) It appears that before passing of the aforesaid order and disposing of five criminal misc. petitions, the learned trial Court had already closed the defence evidence of the petitioner on 9th of January 2017 but this fact was not brought to the notice of the Court. Be that as it may, the petitioner assailed the said order before the learned revisional Court but his that effort also proved abortive.;