Om Prakash Joshi vs Radhey Shyam Bilochi

H.R. Panwar, J.—Heard learned counsel for the parties.

By the instant revision petition u/s 397/401 Cr.P.C. the petitioner has challenged the order dated 19.01.2006 passed by Additional Chief Judicial Magistrate No. 1, Udaipur (for short "the trial Court" hereinafter) in Criminal Case No. 186/2003 whereby the trial Court dismissed the application filed by the petitioner seeking summoning of witnesses, i.e., Bank Manager and hand-writing expert in his defence.

Learned counsel for the petitioner submits that one more opportunity may be given to the petitioner to produce two defence witnesses. It appears that the petitioner has been disputing the signature on the cheque alleged to have been issued to the respondent. The petitioner wishes to lead evidence, in defence to prove that the cheque in question does not bear his signature.

Having regard to the facts and circumstances of the case in my view to secure the ends of justice, the accused petitioner is granted one more opportunity to produce two witnesses, i.e., Bank Manger, Allahabad Bank, Udaipur and hand-writing expert. Learned counsel for the parties submit that the next date before the trial court is 19.06.2006.

Consequently, the revision petition is allowed. The order impugned dated 19.01.2006 is set aside. The trial Court is directed to afford an opportunity to the petitioner to produce the Bank Manager of Allahabad Bank, Udaipur and hand-writing expert, whose names will be disclosed by the petitioner. Counsel for the petitioner submits that he will deposit the process fee and file summons for these two witnesses within three weeks from today. On depositing the process fee and filing the summons, the trial court shall issue the process and give dasti to the petitioner. It shall be the responsibility of the petitioner to get the summons served on the witnesses and produce them on the next date of hearing, i.e., on 19.06.2006. If the petitioner fails to produce the witnesses, no further opportunity will be given to him and the trial Court may proceed with the matter. Ad-interim stay order dated 03.02.2006 stands vacated and stay application is disposed of.