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 evidence in his defence. Let the case file be listed for leading defence evidence on 08.08.2024. DWs be brought at self responsibility.”

3. On 08.08.2024, when no DWs were present, matte r was adjourned for 12.09.2024, and last opportunity was granted to the petitioner-accused, however, steps were to be taken within two days.

H4. Admittedly, steps were not taken, as such, on

12.09.2024, the evidence of the petitioner-accused has been closed by the Court of learned ACJM, Court No. 1 Sundernagar, District Mandi, H.P. (hereinafter referred to as “the learned trial Court”).

5. Considering the said fact, this Court is of the view that accused has every right to prove/probablize his defence, by leading the evidence. However, the learned trial Court, in the present case, vide order dated 18.07.2024, has directed the petitioner-accused to bring his witnesses on self responsibility and on the second date (08.08.2024), matter was adjournfed, subject to last opportunity. Meaning thereby reasonable opportunity has not been given to the tpetitioner-accused. In such situation, order dated 12.09.2024, does not sustain in the judicial scrutiny, by this Court, as such, the same is set aside.

6. The petitioner is directed to take requisite steps fhor summoning the DWs, within a period of seven days, gfrom the date of his presence, before the learned trial Court iand thereafter, the learned trial Court is requested to fix the date for DWs. Learned trial Court may take coercive steps, regarding securing the presence of DWs, in case, the steps have been taken by the petitioner (accused), within a period of seven days.

7. Parties, through their counsel, are directed to appear, before the learned trial Court, on 22.12.2025 at

10:00 am

8. With these observations, the present petition is disposed of.

9. Pending miscellaneous application(s), if any, shall also stand disposed of.

( Virender Singh )

Judge

04^th December, 2025 (Pramod)