1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. Criminal Misc. Petition No.106/2009 Sagarmal Chaudhary vs. State & Another Date of Order: 27.1.2009 HON'BLE MR.JUSTICE BHANWAROO KHAN Mr. Ram Rakh Sharma for the petitioner. Mr. K.S.Chandel, P.P. A complaint was filed by respondent no.2 against the petitioner under Section 138 of the Negotiable Instruments Act. During trial of the case, by the order dated 4.9.2008 the defence of the petitioner was closed. On 23.10.2008 an application under Section 311 Cr.P.C. was moved on behalf of the petitioner. Learned trial court after hearing both the parties by the order dated 24.11.2008 has rejected the application observing therein that despite several opportunities having been granted to the accused, petitioner herein, he could not be able to produce defence evidence. Feeling aggrieved of the said order of the trial court, the petitioner has approached this Court by way of this petition under Section 482 Cr.P.C. Heard the learned counsel for the petitioner and learned P.P. and perused the impugned orders. 2 The order dated 24.11.2008 clearly speaks that about 7-8 opportunities were provided to the petitioner for leading his defence version but the same were not availed of by him and no defence evidence was produced. On 31.7.2008 last opportunity was given to the petitioner for producing his defence despite of this the petitioner has not been able to produce evidence in his defence. In such a situation no other option was left with the trial court except to close the defence evidence and to proceed further. Before this Court also, no specific reasons have been assigned by the petitioner for not producing his evidence. It is true that opportunity should have been provided to the accused to produce his defence but simultaneously it was for the petitioner to lead his defence witness at the earliest opportunity. In the instant case 7-8 opportunities were given to the petitioner for producing defence evidence but without there being any reasonable cause he has failed to avail such opportunities. In the facts and circumstances of the present case, I am of the opinion that the order passed by the trial court is just and proper and no interference is required to be called for by this Court in the exercise of powers under Section 482 Cr.P.C. 3 Consequently, the criminal misc. petition stands dismissed. BHANWAROO KHAN,J. bairwa