IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application(C482) No. 930 of 2009 Gurucharan Singh Kohli S/o Shri Diwan Singh R/o Bhotia Paraw, Haldwani District Nainital ………..…Petitioner Versus 1. State of Uttarakhand through Secretary Home Dehradun. 2. Sapna Agarwal W/o Shri Prem Shankar Agarwal R/o Mahavir Ganj, Haldwani District Nainital ....……Respondents Shri B.D. Pande, Advocate, present for the petitioner. Shri M.A. Khan, Brief Holder, present for the respondent no. State. Shri Lalit Sharma, Advocate, present for the respondent no. 2. Hon’ble Prafulla C. Pant, J. Heard. 2. By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has challenged the order dated 23.10.2009, passed by Additional Sessions Judge, Nainital, in Criminal Revision No. 2 23 of 2009, whereby order dated 28.05.2009, passed by Chief Judicial Magistrate, Nainital, in criminal case no. 131 of 2008, is affirmed. 3. By the order dated 28.05.2009, passed by Chief Judicial Magistrate, Nainital, said court has closed the opportunity to produce the defence evidence after giving several dates for the same. 4. Though, sufficient reasons are mentioned by the trial court for closing the defence evidence in the criminal complaint case relating to offences punishable under section 138 Negotiable Instruments Act, and 420, 466, 471, 472 IPC., but learned counsel for the parties before this Court have agreed that in the interest of justice one more opportunity may be given to the petitioner to adduce the evidence, as such, this petition is being disposed of with the direction as under. 5. The petition under section 482 Cr.P.C., is disposed of with the direction that the trial court shall allow one more opportunity to adduce defence evidence to the petitioner (accused), and in case of failure on part of the accused to produce evidence on that day, the opportunity shall automatically 3 stand closed. The parties are directed to appear before the trial court on 15.06.2011. Accordingly, the petition stands disposed of. (Prafulla C. Pant, J.) Parul 19.05.2011