In a trial under section 138 of NI Act, the court may allow the production of defence evidence in the interest of justice, even after previous opportunities have been missed by the petitioner.

JUDGMENT

ORDER

Pushpendra Singh Bhati, J. - The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C., 1973 against the order dated 24.08.2017 passed by learned Additional sessions Judge (Women Atrocities Cases), Udaipur in Criminal Revision No.34/2017 by which he has dismissed the revision preferred on behalf of the petitioner and upheld the order dated 20.05.2017 passed by learned Special Judicial Magistrate (N.I. Act Cases) No.2, Udaipur in Regular Criminal Case No.1325/2013 whereby the application for defence evidence was dismissed.

2. The learned courts below have rightly closed the defence evidence on account of the petitioner not submitted the same even after given sufficient opportunities.

3. Learned Public Prosecutor submits that any reopening of defence evidence shall prolonged the proceedings.

4. Learned counsel for the petitioner states that in the interest of justice, one last opportunity may be given for producing the defence evidence.

5. The matter pertains to a trial under section 138 of NI Act and therefore, any conclusion of the trial without defence evidence shall be detrimental to the broader cause of justice. Therefore, in the interest of justice, the present petition is allowed and the impugned orders dated 20.05.2017 & 24.08.2017 passed by the learned Special Judicial Magistrate (NI Act Cases) No.2, Udaipur and learned Additional Sessions Judge (Women Atrocities Cases), Udaipur respectively are hereby quashed and set aside and the learned courts below are directed to give one last opportunity to the petitioner for producing his defence evidence only if he submits the cost of Rs. 5,000/- before the learned court below within a period of 15 days from today which shall be deposited with the Rajasthan State Legal Services Authority.