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2011 Supreme(Raj) 1502

GOVIND MATHUR
Paramjeet Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. Rakesh Arora, Advocate.
For the State: Mr. A.R. Nikub, Public Prosecutor.
For the Respondent:Mr. Jitendra Ojha, Advocate.

JUDGMENT

1. Issue notice.

2. Mr. Jitendra Ojha accepts notice on behalf of respondent No. 2. Learned Public Prosecutor has also put in appearance on behalf of respondent No. 1.

3. With the consent of the parties, the matter is heard for final disposal at this stage.

4. In brief, facts of the case are that a complaint as per provisions of Section 138 of the Negotiable Instruments Act was filed against the petitioner by respondent Amritpal Singh on 6.9.2006. An explanation of the petitioner was recorded on 20.12.2007. On 21.2.2008, the matter was fixed before the Trial Court for recording defence evidence. An application was submitted by the petitioner as per provisions of Sections 45 and 73 of the Evidence Act on 21.2.2008 for examination of handwriting, but the same was rejected. The matter was then fixed for recording defence evidence on 3.4.2008, but due to certain reasons the matter was adjourned. The matter was then further adjourned on 8.5.2008, 26.6.2008, 26.3.2009, 20.5.2009 and 2.7.2009. An application under Sections 45 and 73 of the Evidence Act was again preferred on 24.7.2009. The application aforesaid was rejected 5.3.2010 and the matter was then fixed for recording defenc






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