Allahabad High Court
Suresh Chandra Agrawal vs State Of U.P. & Another on 11 January, 2010
Author: Bala Krishna Narayana
Bench: Bala Krishna Narayana
Court No. - 40 Case :- CRIMINAL MISC. WRIT PETITION No. - 24518 of 2009 Petitioner :- Suresh Chandra Agrawal Respondent :- State Of U.P. & Another Petitioner Counsel :- Alok Sharma Respondent Counsel :- Govt. Advovate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the State. This writ petition has been filed by the petitioner for quashing the order dated 14.10.2009 passed by VIth Judicial Magistrate, Mathura and the revisional court's order dated 04.11.2009 passed by learned Sessions Judge, Mathura. Learned counsel for the petitioner submitted that the learned judicial magistrate illegally closed the evidence of the petitioner who is an accused in complaint case No. 511/9 of 2007 under Section 138 of the N. I. Act. Learned counsel for the petitioner further submitted that the revisional court also erred in rejecting the revision preferred by the petitioner against the order of the magistrate summarily as not maintainable. He also submitted that revision against the order closing defence evidence of a party is not an interlocutory order and the same is revisable under Section 397 of the Cr.P.C. and the view taken by the revisional court is totally unsustainable at law. Learned A.G.A appearing for the State has made his submission in support of the impugned orders.
After having heard the learned counsel for the petitioner, the learned A.G.A. for the State and perused the record, I am of the view that no useful purpose will be served in setting aside the order passed by the revisional court and remitting the matter back for deciding the revision afresh on merit. Since the order passed by learned magistrate closing the defence evidence may cause serious prejudice to the petitioner and may even result in the failure of justice, I am of the view that the petitioner be given one opportunity to lead his evidence.
For the aforesaid reason, this writ petition is finally disposed of with a direction to the court concerned to give one opportunity to the petitioner to lead evidence in defence. The necessary exercise in this regard shall be completed by the Magistrate concerned within a period of one month from the date of production of a certified copy of this order before him. It is further provided that the petitioner shall pay a cost of Rs. 1, 000/- to the respondent no. 3 within a period of 15 days from today.
Order Date :- 11.1.2010 YK