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2023 Supreme(MP) 9

DINESH KUMAR PALIWAL
Ram Gopal Gupta – Appellant
Versus
The State of Madhya Pradesh – Respondent


Advocates:
Vijay Shankar Pandey for applicant;
Amit Pandey, Panel Lawyer for respondent/State.

ORDER

1. This revision under section 397/401 of Cr.P.C has been filed assailing the order dated 25.7.2022 (Annexure A/1), passed by the 4th ASJ, Satna in S.T.No.161/2016, whereby an application under section 311 filed by the prosecution has been allowed and alleged bankers cheques on which manipulation is stated to have been made are summoned along with witnesses for exhibiting the same in evidence.

2. Learned counsel for the applicant has submitted that in the year 2016 S.T.No.161/16 (State of M.P. v. Ramgopal Gupta) for commission of offence under sections 420, 467, 468, 469, 471 and section 409 of IPC was transferred to the Court of 3rd ASJ by Sessions Judge, Satna for trial. Charges were framed long back in 2016. After closure of the prosecution evidence defence closed its evidence on 9.1.2020 and case was fixed for final arguments for 24.1.2020. It is submitted that in a period of more than two and a half years final arguments were not heard in the meantime. On 9.6.2022, prosecution moved an application under section 311 of Cr.P.C. which was allowed by the impugned order and prosecution was permitted to summon the original bankers cheques along with witnesses Babulal Kumre PW3

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