High Court of Punjab and HaryanaCRM-M/48710/2019disposed of

Harjit Singh v. Capital First Limited

2019-11-16Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 48710 of 2019 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 48710 of 2019 Date of Decision: 16.11.2019 Harjit Singh ......Petitioner

Versus

Capital First Limited, Jalandhar ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. L.M.Gulati, Advocate for the petitioner.

**** HARNARESH SINGH GILL , J. (ORAL) This petition has been filed challenging the order dated 18.10.2019 (Annexure P-1) passed by Judicial Magistrate Ist Class, Jalandhar vide which oral evidence of the petitioner was closed by order. Notice in this case is not being issued to the respondent as this would further delay the trial.

Learned counsel for the petitioner submits that that evidence of the complainant was completed on 5.7.2019 and the case was adjourned to 26.7.2019 for recording the statement of the accused-petitioner under Section 313 Cr.P.C. On 26.7.2019, after recording of statement of accused under Section 313 Cr.P.C., the case was adjourned to 23.8.2019 for defence evidence. Learned counsel further submits that on 10.9.2019, the petitioner undertook to conclude his evidence on the next day i.e. 30.9.2019. However, on 30.9.2019, the petitioner was given last opportunity to conclude his evidence on 18.10.2019 but on 18.10.2019 the petitioner could not conclude his evidence and his evidence was closed by order. Learned GURPREET SINGH 2019.11.19 17:54 I attest to the accuracy and authenticity of this document chandigarh counsel further submits that the petitioner has been regularly appearing

CRM-M No. 48710 of 2019 -2before the trial Court and only wants to examine himself and produce a bank official to bring on record the factum that he has already cleared the entire loan amount.

Without adverting to the merits of the case and keeping in view the above facts and circumstances, the petition is allowed. Order dated 18.10.2019 (Annexure P-1) is set aside. The petitioner is granted one effective opportunity to conclude his entire evidence on the date already fixed before the trial Court i.e. 5.12.2019. The petitioner will pay Rs. 5,000/- to the respondent as compensation before the trial Court. The petition is allowed.

(HARNARESH SINGH GILL) JUDGE November 16, 2019 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2019.11.19 17:54 I attest to the accuracy and authenticity of this document chandigarh