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Judgment
6 paragraphs · 208 wordsRajan Gupta, J.—Challenge in this petition is to the order dated 11.10.2010 passed by Judicial Magistrate Ist Class, Zira (Annexure P-1) whereby the defence evidence was closed by order.
Learned Counsel for the Petitioner submits that one last opportunity may be granted to the Petitioner to lead his entire evidence. He submits that in case he is not allowed to examine a handwriting expert, serious prejudice will be caused to the case of the Petitioner.
Heard.
A perusal of the order passed by the court below shows that ten effective opportunities were granted to the Petitioner to adduce his evidence, but he failed to do so. As a result, his evidence was closed.
Keeping in view the fact that Petitioner need sonly one opportunity to lead his entire evidence, particularly the handwriting expert, I am of the considered view that this petition deserves to be allowed. It is, thus, directed that one opportunity will be granted by the trial court to the Petitioner to lead his entire evidence. In view of the delay caused in disposal of the case, the Petitioner will be liable to pay costs to the tune ofRs. 5,000/-, to be remitted to the State Legal Services Authority, Punjab.
Disposed of.