Cr.M.M.O. No. 70 of 2010 07.07.2010 Present: Mr. Naveen K. Bhardwaj, Advocate, for the petitioner. Mr. Debinder Ghosh, Advocate, for the respondent. The only reason which prompts me to allow this application and grant an opportunity to the petitioner herein to lead evidence is the fact that it has been vehemently urged by the learned Counsel appearing for the petitioner that in case no opportunity for leading defence evidence is granted to him, the consequences will result in imprisonment on conviction. I do not find any illegality in the orders passed by the learned trial Court. Reading of the order indicates that more then 3-4 opportunities have been granted and record also does not disclose any justifiable excuse or reason for the petitioner to absent himself from the Court. In the interest of justice and keeping in view the fact that the proceedings under Section 138 of the Negotiable Instruments Act culminate in sentence of incarceration, this petition is allowed, but it will be subject to petitioner herein paying cost of Rs. 11,000/- to the respondent on the first date when the parties to this petition appear before the learned Trial Court. It is clarified that in case costs are not paid, the right of the petitioner herein to lead evidence shall stand closed. It is further clarified that the learned Court shall give reasonable opportunity to the petitioner herein to produce evidence without granting undue adjournments. So far as the official witnesses are concerned, the petitioner herein shall be given assistance of the Court. Parties to appear before the learned Trial Court on 2nd August, 2010. A direction is also issued to the learned Trial Court to dispose of the case expeditiously. Petition disposed of. July 07, 2010 (Dev Darshan Sud), (KRS) Judge