IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-6007 of 2009 Date of Decision:28.1.2010 Pardeep .... Petitioner Versus Smt. Reena and another .... Respondent CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Parampal Singh, Advocate for Mr. Hari Om Attri, Advocate for the petitioner. Mr. Manoj Sharma, Advocate for respondent No.1. Mr. Pardeep Virk, D.A.G. Haryana. **** 1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? NIRMALJIT KAUR, J. This petition has been filed under Section 482 Cr.P.C. for setting aside the order dated 28.1.2009 passed by the Court of Additional Sessions Judge, Sonepat, as well as order dated 6.2.2008 passed by the Court of Sub Divisional Judicial Magistrate, Guhana, whereby courts below have struck of the defence of the petitioner. Learned counsel for the petitioner has referred to order dated 5.12.2007 (Annexure P-6) passed by Sub Divisional Judicial Magistrate, Gohana, whereby the matter was adjourned to 5.1.2008 granting one opportunity to the petitioner to conclude his evidence on the date fixed subject to payment of Rs.500/- as cost. Learned court below had taken up the case file on 4.1.2008 and adjourned to 6.2.2008 as 5.1.2008 had been declared holiday. As such, the cost could not be paid. Learned counsel for the petitioner further states that in case one more opportunity is granted to the petitioner, he shall complete his entire evidence in one date. In the interest of justice and proper adjudication of the case, it would be just and appropriate if the petitioner is allowed to lead his evidence by granting him one last opportunity. No prejudice would be CRM M-6007 of 2009 -2- caused to the respondent in case the petitioner is granted one opportunity to lead his entire evidence. Accordingly, order dated 28.1.2009 passed by the Court of Additional Sessions Judge, Sonepat, as well as order dated 6.2.2008 passed by the Court of Sub Divisional Judicial Magistrate, Guhana, are set aside and the petitioner is allowed one effective opportunity to lead his entire evidence in one date. The petitioner shall appear before the court below on the date already fixed before it. The court below shall adjourn the case for one week. On the adjourned date, the petitioner shall lead his entire evidence and complete the same on the same day subject to payment of Rs.10,000/- as costs, which shall be paid to the respondent Smt. Reena. Disposed of in the above terms. 28.1.2010 ( NIRMALJIT KAUR ) rajeev JUDGE