1 S. B. CRIMINAL MISC. PETITION NO.1486/2008 JAGDISH UPADHYAYA V. THE STATE OF RAJASTHAN & OTHERS. DATE OF ORDER ::: 17/12/2008 HON'BLE MR. JUSTICE C. M. TOTLA Mr. Deelip Kawadia, for Petitioner (s). Mr. V. R.Mehta, Public Prosecutor, for State-Respondent No.1. Dr.R.K.Sinha and Dr.P.Dave, for Respondent No.2. On complaint of R.2, petitioner and R.3 are facing trial for the offences of Section 138, N. I. Act. Petitioner requests that setting aside Magisterial Court order dated 3.7.08 an opportunity for leading defence be given to him. Learned counsel for the petitioner argued that petitioner alleged to be a Director of Company respondent No.3 is facing this trial for alleged dishonour of cheque amounting to Rs.1,00,000/- petitioner was ready to pay amount for which this cheque was, but complainant refused to take payment on 29.9.07, alleging that other installments have also become due – though some opportunities given for leading defence to petitioner, but due to constraints could not produce evidence. Argued that in the interest of justice, one more opportunity for leading the defence evidence should be provided to petitioner, due to which no prejudice shall be caused to the respondent. Learned counsel for respondent No.2 argued that from the order- sheets, it is clear that petitioner was given as many as four opportunities for defence evidence and if opportunity is to be given, it should be on an appropriate cost with direction to prevent delay. Learned Public Prosecutor submitted that it may be an appropriate case for giving opportunity. Considered rival contentions. In the totality of circumstances and perusing the order-sheets, in the opinion of the Court, a single opportunity of defence evidence should be given to petitioner on cost of 2 Rs.1,000/- to be paid in R-2's account. The petitioner shall himself keep his defence witnesses present on a date prior to January 15th, 2009, already fixed or to be fixed by the trial Court. Accordingly, the petition stands disposed of. (C. M. TOTLA), J. scd