Crl. Misc. No. M-19839 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-19839 of 2010 (O&M) Date of Decision: September 29, 2010 Ajmer Singh ........Petitioner Versus Dharampal .......Respondent ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. Arvind Singh, Advocate, for the petitioner. Mr. Suryakant Gautam, Advocate, for the respondent. SABINA, J. Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') for quashing of the order dated 2.7.2004 (Annexure P-4) passed by the learned Judicial Magistrate 1st Class, Panipat in Criminal Complaint No. RBT/874 of 2007 dated 19.3.2007 (Annexure P-1) titled as Dharam Pal Vs. Ajmer Singh filed under Section 138/142 of Negotiable Instrument Act, 1881 vide which the defence evidence of the petitioner has been closed inspite of the fact that the petitioner had deposited the diet money and process fee for summoning the defence witnesses as per the application dated 28.7.2009 (Annexure P-3) and for grant an opportunity of hearing to the petitioner to lead his entire defence evidence. Learned counsel for the petitioner has submitted that only one opportunity be granted to the petitioner to examine two witnesses at his own risk and responsibility. Crl. Misc. No. M-19839 of 2010 (O&M) 2 Learned counsel for the respondent, on the other hand, has submitted that already number of opportunities have been granted to the petitioner to conclude his defence evidence and the application for summoning two more witnesses has been filed merely with a view to delay the proceedings. After hearing the learned counsel for the parties, I am of the opinion that the instant petition deserves to be allowed. Learned counsel for the petitioner has submitted that the petitioner had given a list of 5 witnesses in his defence evidence. Out of the said list, 3 witnesses have been examined and now two witnesses that remain to be examined are Om Parkash and Mahadev. In case the petitioner is allowed to examine DWs Om Parkash and Mahadev the dispute between the parties will be decided on merits. Complaint in this case was filed on 17.3.2007 and thereafter petitioner appeared before the trial Court on 19.3.2007. After conclusion of the complainant's evidence the statement of the petitioner was recorded under Section 313 Cr.P.C. on 18.5.2009. Thereafter, number of opportunities have been granted to the petitioner to conclude his defence evidence. However, ends of justice require that one opportunity be afforded to the petitioners to examine his defence witnesses. The name of the said witnesses were already mentioned in the list of witnesses. Accordingly, this petition is allowed. The trial Court is directed to afford one opportunity only to the petitioner to examine DWs Om Parkash and Mahadev at his own risk and responsibility. (SABINA) September 29, 2010 JUDGE Anand