High Court Of ChhattisgarhCRMP/1453/2020disposed off

Ramesh Kumar v. Smt. Sarita Sarawagi

2020-12-17Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P. No. 1453 of 2020 Ramesh Kumar S/o Late Purshottam Das Chandak, Aged about 50 years, Proprietor Maa Sharda Traders, R/o Village Jevra, Police Station Pulgaon Chowki Jevra Sirsa, Tahsil and District Durg, Chhattisgarh. ---- Petitioner

Versus

Smt. Sarita Sarawagi, W/o Shri Govind R. Sarawagi, Aged about 46 years, R/o 61B, Maitri Vihar Supela Bhilai, Police Station Supela, Tahsil and District Durg, Chhattisgarh.

---- Respondent For Petitioner :

Mr. Avinash Chand Sahu, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 17/12/2020

1. By way of this petition, the petitioner calls in question the order dated 18.3.2020 (Annexure A-1) passed by the Seventh Additional Sessions Judge, Durg, in Criminal Revision No.70/2020, by which the Court below affirmed the order dated 17.2.2020 passed by the Judicial Magistrate First class, Durg, in Complaint Case No.7325/15, whereby the petitioner's opportunity to lead evidence has been closed by the trial Magistrate.

2. Learned counsel for the petitioner would submit that

the petitioner is an accused standing trial for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and examination of handwriting expert-Smt.Sunanda Dhenge has been refused and the petitioner's opportunity to lead evidence has been closed by the trial Magistrate. He would further submit that since the matter is fixed before the trial Court on 26.12.2020, therefore, the petitioner be permitted to examine handwriting expert-Smt.Sunanda Dhenge before the trial Magistrate on that day.

3. Be that as it may, since the trial is on the verge of completion, subject to payment of cost of ₹7500/- to the respondent/complainant, the trial Court would permit the petitioner to examine handwriting expertSmt.Sunanda Dhenge on 26.12.2020. The petitioner will keep the witness present for examination on that day and cost will be paid to the complainant before examination of handwriting expert-Smt.Sunanda Dhenge. No further opportunity would be granted.

4. With the aforesaid observation, the CrMP stands finally disposed of.

Sd/- (Sanjay K.Agrawal) Judge Harneet