IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MMO No. 58 of 2010. Date of Decision: 27th April, 2010. Pradeep Kumar .. Petitioner. Versus Raj Pal Khajuria .. Respondent. Coram The Hon’ble Mr. Justice Surinder Singh, Judge. Whether approved for reporting?1 For the petitioner: Mr. Pritam Singh Chandel, Advocate. For the respondent: Mr. A.K. Vashishta, Advocate. Surinder Singh, J (Oral) 1. The instant petition has been filed by the petitioner seeking one more opportunity to examine the defence witnesses in Criminal Case No. RBT 310/03/2009, tiled as Pardeep Kumar versus Raj Pal Khajuria under Section 138 of the Negotiable Instrument Act, pending in the Court of Judicial Magistrate 1st Class (VI) at Shimla. 2. Heard and gone through the trial Court’s file. 3. The evidence of the complainant/respondent was closed on 1st January, 2010. Thereafter, the case was fixed for the defence evidence of the accused/petitioner on 22nd February, 2010 on which date neither the defence witnesses were present nor list of witnesses was filed. One more opportunity was accorded for production of defence witnesses on 11th March, 2010 on the condition that it would be the last opportunity. Thus failing to take steps or produce witnesses, the evidence shall be closed. But this order did not yield the result. 1 Whether the reporters of Local Papers may be allowed to see the judgment? - 2 - 4. Later an application dated 1st March, 2010 was moved to summon some record and examine two witnesses. The permission was sought to deposit the diet money for issuing the process. It appears that the said application was taken up by the Judicial Magistrate on 6th March, 2010, as per endorsement thereon and there was also an order to deposit an amount of Rs.1,000/- as diet money, but it bears no signatures. It is not understood as to why the learned Presiding Officer failed to sign the order. There is also nothing on record to show that this application was brought to his notice. Such kind of application cannot remain pending without any order. 5. Therefore, in view of the above situation, the petitioner (accused) is hereby granted one more opportunity to adduce his evidence. Since the petitioner (accused) intends to summon witnesses through the aid of the Court, therefore, process fee etc. shall be filed by him on the first day of his appearance to be fixed hereinafter and he shall also deposit the diet money on the same day and the learned trial Court shall pass appropriate order for issuing the process to his witnesses and in addition the petitioner shall also take Dasti summons for which a separate application will be filed. 6. Thus, petition is allowed subject to costs of Rs.200/- to be paid by the petitioner (accused) before the learned trial Court on the first date of hearing to the respondent. The parties are hereby directed to be present before the learned trial Court on 12th May, 2010. 7. Send down the records, immediately. Cr.M.P. No.192 of 2010. 8. Infructuous. April 27, 2010. (Surinder Singh),J. (rc)