IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MMO No. 871 of 2025 Decided on : 04.12.2025

Duni Chand …Petitioner

Versus

Raj Kumar …Respondent

Coram

The Hon’ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?1

For the petitioner : Mr. H.S. Rangra, Advocate.

For the respondent : Mr. Vishal Verma, Advocate.

Virender Singh, Judge

The sole grievance of petitioner Duni Chand,

who has filed the present petition is that the reasonable opportunity to lead defence evidence has not been given to

him.

2. The petitioner has been arrayed as an accused in a case under Section 138 of the Negotiable Instruments Act, filed by the respondent-complainant. As per the documents annexed with the petition, which have not been

1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

disputed, even by the respondent, the statement of the petitioner (accused) under Section 313 Cr.P.C., was recorded on 18.07.2024 and thereafter, the matter was listed on 08.08.2024, for defence evidence, that too on self responsibility. The order dated 18.0f7.2024, is reproduced as under:-

“Statement of actcused under Section 313 of the Code of Crriminal Procedure recorded. The accused intends to lead