Himachal Pradesh High Court
Dinesh Chandel vs Mukesh Kumar on 1 December, 2023
Author: Virender Singh
Bench: Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MMO No.1198 of 2023
.
Decided on : 01.12.2023
Dinesh Chandel ...Applicant
Versus
Mukesh Kumar ...Respondent
Coram
of
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the applicant
rt : Mr. Sumit Himalvi, Advocate
vice Mr. Ravinder Singh
Chandel, Advocate.
For the respondent : Mr. K.B. Khajuria, Advocate.
Virender Singh, Judge (oral)
PetitionerDinesh Chandel, has filed the present
petition, under Section 482 of the Code of Criminal
Procedure (hereinafter referred to as 'CrPC'), being
aggrieved, from the order dated 21.8.2023, passed by the
Court of learned Additional Chief Judicial Magistrate,
Court No.1, Rohru, District Shimla, H.P. (hereinafter
referred to as the 'trial Court'), in case No.110 of 2019,
titled as Mukesh Kumar Vs. Dinesh Chandel.
Whether Reporters of local papers may be allowed to see the judgment? Yes.
2. Order dated 21.8.2023, passed by the learned
trial Court, is reproduced, as under:
.
"An exemption application on behalf of
accused filed, same is considered and
allowed only for today for the reasons stated
therein. No DWs present today. Even steps
were not taken. Further adjournment sought
for DWs. Allowed being last opportunity.
Let DWs be produced on 25.11.2023, on self
of
responsibility."
3. For the sake of convenience, the parties to the
rt
lis are, hereinafter, referred to, in the same manner, as
were, referred to, by the learned trial Court.
4. It has not been disputed by learned counsel
appearing for the complainant that on 21.8.2023, it was
the second opportunity for producing the DWs.
4. In such situation, this Court is of the view that
the matter is required to be disposed of, at this stage, as it
has not been disputed, in this case, that the learned trial
Court has given the last opportunity to accused Dinesh
Chandel to adduce evidence, that too, on self
responsibility.
5. Dinesh Chandel, has been arrayed, as accused,
in a complaint, filed under Section 138 of the Negotiable
Instruments Act, before the learned trial Court, as such, he
has every right to prove/probablize his defence, by
.
adducing the evidence. The order is totally silent about the
fact that as to how the learned trial Court has assumed
that the accused will be in a position to produce his
evidence on self responsibility.
of
6. In such situation, this Court is in full
agreement with the learned vice counsel appearing for the
rt
accused that reasonable opportunity for producing the
evidence has not been given and vide order dated
21.8.2023, a legal impediment has been created by
producing the evidence on self responsibility.
7. In such situation, the impugned order dated
21.8.2023, does not sustain the judicial scrutiny by this
Court.
8. Consequently, the present petition is disposed
of, by setting aside the order dated 21.8.2023, passed by
the learned trial Court.
9. Accused Dinesh Chandel, is directed to take
steps for summoning the DWs, within seven days from
today. The date for summoning the DWs will be fixed by
the learned trial Court on 6.12.2023.
.
10. It is further clarified that in case, steps are not
taken by accused Dinesh Chandel, to summon the DWs, in
that eventuality, the learned trial Court is at liberty to
proceed further, in accordance with law. In such situation,
of
no assistance, from the Court, shall be given to accused
Dinesh Chandel, for summoning the witnesses.
rt
11. It is further clarified that if steps are taken, by
accused Dinesh Chandel, for summoning the DWs, within
the stipulated period, then, the Court is at liberty to take
coercive steps, if, despite service, the DWs will not appear
before the Court.
12. Parties, through their learned counsel, are
directed to appear before the learned trial Court on 6th
December, 2023, at 10.00 a.m.
13. Pending application(s), if any, shall also stand
disposed of.
( Virender Singh )
Judge
December 01, 2023(ps)
