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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Madan Awasthi – Appellant
Versus
Rajeev Kohli – Respondent
| Table of Content |
|---|
| 1. repeated adjournments despite warnings in summons trial. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. adjournment only for sufficient cause under section 309 crpc. (Para 9 , 10 , 11 , 12) |
| 3. routine adjournments erode speedy justice delivery. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 4. evidence closure upheld; inherent powers not misused. (Para 19 , 20 , 21 , 22 , 23) |
JUDGMENT :
Rakesh Kainthla, J.
The present petition has been directed against the order dated 03.06.2025 passed by learned Judicial Magistrate First Class, Manali, District Kullu, H.P. (learned Trial Court) vide which the evidence of the petitioner(complainant before the learned Trial Court) was closed by the order of the court. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present petition are that the complainant filed a complaint before the learned Trial Court for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act (N.I. Act).
3. Learned Trial Court found sufficient reason to summon the accused and ordered the issuance of a summons.
4. The matter
In summons trials, closing complainant's evidence justified for repeated non-appearance despite warnings and no exemption application; routine adjournments not permissible, courts must enforce day-to....
High Court inherent powers under BNSS Section 528 exercisable sparingly post-revision only for grave miscarriage of justice; trial court justified closing defence evidence after accused's repeated fa....
Trial courts justified in closing defence evidence after adjournments exceeding statutory limit of two under BNSS Section 346; fair trial does not permit endless adjournments defeating speedy justice....
Order sheets conclusively record trial proceedings; repeated adjournments despite directions to produce evidence not permitted under fair trial; inherent powers sparingly invoked against closing evid....
The court condemns the misuse of adjournments and emphasizes the importance of timely justice delivery. It calls for a change in work culture to discourage unnecessary adjournments and maintain the r....
The main legal point established is the strict adherence to Section 309 of Cr.P.C., requiring expeditious trials and continuous examination of witnesses, with adjournments only granted for special re....
The right to cross-examine witnesses must be exercised promptly, and adjournments should only be granted for compelling reasons to ensure a fair trial.
(1) Adjournment – Impediment in speedy trial – Legislature itself has frowned at granting adjournment on flimsy grounds – Even in cases where accused had been enlarged on bail right to a speedy trial....
The court reinforced that adjournments in criminal trials should be granted sparingly and only for valid reasons, emphasizing the importance of timely cross-examination.
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