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2010 0 Supreme(HP) 558
2011 2 AICLR 727 ; 2011 0 AIR(HP) 30 ; 2011 0 CrLJ 1217 ; 2010 2 HimLR 767 ;
2011 3 ICC 147 ; 2010 0 LatestHLJ 694 ; 2011 3 RCR(Cri) 327 ; 2010 3 ShimLC
310
HIMACHAL PRADESH HIGH COURT
HON’BLE MR. JUSTICE SURINDER SINGH, J.
KARAM SINGH
Petitioner
VERSUS
RAM KRISHAN SHARMA
Respondent
Cr. M. M. O. No. 150 of 2009
Decided on 23-03-2010.
The main legal point established in the judgment is that
the court may close defense evidence if a party abuses
the process by failing to present evidence despite being
given multiple opportunities to do so.
Subject: Criminal Law - Negotiable Instruments Act
Act Referred :
CRIMINAL PROCEDURE CODE : S.482, S.313
NEGOTIABLE INSTRUMENTS ACT : S.138
Section 138 - Negotiable Instruments Act - Court closes defense
evidence after multiple opportunities - Abuse of process and unfair
to the opposite party
Fact of the Case:
The petitioner was given multiple opportunities to adduce defense
evidence in a case under Section 138 of the Negotiable
Instruments Act. Despite repeated chances, the petitioner failed to
present any evidence, leading to the closure of the defense
evidence by the court.
Finding of the Court:
The court found that the petitioner had been given ample time and
opportunities to present defense evidence, but failed to do so,
resulting in an abuse of process and unfairness to the opposite
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