S.B. Cr. Misc. Petition No.90/2010 Anoop Agarwal Vs. Ram Ji Lal Dated : 20.01.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr.Ram Manohar Sharma,for the petitioner. *** This order governs the disposal of petition under Section 482 of Cr.P.C. whereby the petitioner has prayed to grant him one last opportunity to adduce the defence evidence before the trial Court. Heard learned counsel for the petitioner and carefully perused all the relevant material on record. Having considered the submissions made by the learned counsel for the petitioner and carefully perused the relevant order-sheets, it is noticed that at the stage of defence evidence, the accused petitioner filed an application under Section 91 of Cr.P.c. praying that the complainant be asked to produce two documents before the Court. Order-sheet dated 7th December, 2009 reveals that one copy of documents was filed before the trial Court, which was taken on record but the copy thereof was not supplied to the accused. However, the case was adjourned to record defence evidence on 19th December, 2009. That day, the accused petitioner did not cross examine the witness and sought adjournment. The case was adjourned to 6th January, 2010. That -2- day also the accused petitioner did not adduce any defence evidence. Prior to that, the accused was granted an opportunity to adduce defence evidence with the cost of Rs.500/- but he did not produce the same. Resultantly,the learned trial court closed the defence evidence on 6.1.2010. Learned counsel for the petitioner has canvassed that the case is fixed for final arguments on 21st January, 2010 and on that day he will positively produce the defence evidence in the Court. Hence, the petitioner may be granted one last opportunity to adduce the defence evidence in the interest of justice. The Criminal Misc. Petition filed by the petitioner under Section 482 of Cr.P.c. is allowed in the interest of justice and the petitioner is granted one last opportunity to adduce all defence evidence. Learned trial court is directed to record the defence evidence adduced by the accused on 21st January, 2010, if he does so. Thereafter, no further opportunity shall be granted to him and the Court shall be at liberty to hear final arguments of both the parties and decide the case in accordance with the provisions of law. (MAHESH BHAGWATI)J. Pcg