Saurabh Jain vs Ankit Jain

Dinesh Kumar Paliwal, J

This petition under Section 482 of Cr.P.C. has been filed assailing order dated 03.11.2023 passed by ASJ (Special Court)(Electricity Act, 2003) No.9 Jabalpur, whereby orders dated 18.10.2023 and 25.10.2023 passed in SCNIA 4000967/2015 (Ankit Jain vs. Saurabh Jain) by learned JMFC have been affirmed.

Learned counsel for the petitioner has submitted that complainant was cross-examined on 12.09.2023. Complainant had closed his evidence on 22.09.2023. Thereafter, learned JMFC granted him only 2(two) opportunities and closed his right to adduce the defence evidence which is unfair and improper. As such petitioner/accused has been deprived of his right to adduce defence evidence. Therefore, it is prayed that impugned order passed by the Courts below be set aside and the petitioner/accused be permitted to adduce his defence evidence before the trial Court.

I have gone through the impugned orders and other material available on record.

4 . On due consideration, impugned order dated 03.11.2023 passed in Cr.R. No.410/2023 affirming orders dated 18.10.2023 by learned JMFC and 25.10.2023 are set aside.

Petition is allowed and the petitioner/accused is permitted to adduce his defence evidence before the trial Court within a period ending on 05.01.2024. In this period learned trial Court shall afford more than three opportunities to petitioner/accused for adducing defence evidence by granting short adjournments.

However, it is made clear that if petitioner/accused fails to adduce his defence evidence before the trial Court in the aforesaid period, he shall not be entitled for any other adjournment and learned trial Court shall proceed the case and shall decide the case in accordance with law on or before 15.02.2024.

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