Crl. Misc. No. M-24196 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-24196 of 2009 (O&M) Date of decision: 4.9.2009 The Tata Iron & Steel Company Limited .. Petitioner v. M/s Atma Tube Products Limited and another .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Jagdish Marwaha, Advocate for the petitioner. .. Rajesh Bindal J. In terms of the order passed by this Court in the fore-noon, Shri Sunil Kumar, Judicial Magistrate Ist Class, Chandigarh has appeared in person in Court. He submitted that as he did not have the power to review the earlier order fixing the dates for leading of evidence by the petitioner on failure of which it was deemed closed, the order could not be reviewed. As regards fixing the date for recording statement of the accused under Section 313 Cr.P.C. for 5.9.2009 is concerned, it was submitted that till 3.00 O'clock, he had waited for the counsel but pendency of the petition before this court and fixation of hearing herein for 7.9.2009 was never intimated. Had it been so, he would have adjourned the case to a date after the date fixed in the present petition. Accordingly, nothing abnormal is found in the proceedings conducted by the Presiding Officer. Learned counsel for the petitioner has placed on record the order passed by the learned Magistrate on 1.9.2009, whereby in terms of the earlier order passed by him on 25.7.2009, the evidence of the petitioner was deemed closed on 31.8.2009, however, the fact remains that on 31.8.2009, the court was not held as the Presiding Officer was on leave. Considering the aforesaid fact, which is not in dispute, the order passed by the leaned court below on 1.9.2009 is set aside and it is directed that the petitioner shall be afforded one opportunity to conclude its evidence on 10.9.2009. In case any witness is to be summoned, the petitioner may get dasti notices issued for them. After recording the evidence of the petitioner on 10.9.2009, the case shall further be dealt with by the learned court below in accordance with law. However, it is made clear that in case the evidence of the petitioner is not Crl. Misc. No. M-24196 of 2009 [2] concluded on the date so fixed, no further opportunity shall be granted to the petitioner. The petition stands disposed of. Copy of the order be given dasti on payment of usual charges. (Rajesh Bindal) Judge 4.9.2009 mk