Madhya Pradesh High Court
Ashok Kumar Jain vs Sanjay Kumar Jain (Singhai Brothers) on 26 April, 2017
1
W. P. No.4062/2017
26.04.2017
Shri P.C.Batri, learned counsel for the petitioner.
Heard on admission.
In a complaint case instituted on an application under Section 138 of the Negotiable Instrument Act filed by the petitioner, the Trial Court by order dated 25.1.2017 has closed the right of the petitioner to lead evidence which is being challenged vide this petition under Section 227 of the Constitution of India.
The Trial Court found that on 2.8.2016 on a cost of Rs.1000/-, the matter was posted on 7.9.2016, 22.9.2016; thereafter again on 8.11.2016 on a cost of Rs.500 the petitioner was given further opportunity. That the matter was than posted on 28.11.2016 and 8.12.2016; however, the petitioner did not avail the 2 opportunity.
In these given facts the Trial Court was well within its jurisdiction in closing the right of the petitioner to adduce evidence.
Consequently, petition fails and is dismissed. No Costs.
(SANJAY YADAV) JUDGE das