Order

19/02/2024

1. Matter has come upon applications (1/2024 and 2/2024) for early hearing of the petition.

2. For reasons mentioned in applications, the same are allowed.

3. Instant petition has been filed by petitioners under Section 482 Cr.P.C., challenging the order dated 07.12.2022 passed in criminal case No.188/2022 by the Pilot Study Special Judicial Magistrate (NI Act Cases) Jaipur Metropolitan whereby the opportunity to produce defence evidence of petitioners, is closed.

4. Heard learned counsel for both parties.

5. Counsel for petitioners submits that petitioners are facing trial for offence under Section 138 NI Act in respect of dishonor of cheque amouting to Rs.5 lacs. In such criminal complaint, defence evidence of petitioners has been closed vide impugned order dated 07.12.2022 and the complaint is pending at the stage of final hearing since 04.01.2023. Counsel for petitioners submits that petitioners have substantive and plausible defence, to defend the criminal complaint, therefore, one and last opportunity be accorded to petitioners on cost. He submits that defence is a valuable right of petitioners-accused and in order to hold a fair trial, it is necessary and desirabl