2022 (1) TMI 500

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.... Section 138 of the Negotiable Instruments Act is pending adjudication before the Court of learned Judicial Magistrate First Class, Bilaspur. Respondents herein are the legal representatives of the original complainant before the learned Trial Court. Documents appended with the petition demonstrate that the statement of the petitioner/accused (hereinafter to be referred as 'the accused" for convenience) under Section 313 of the Code of Criminal Procedure was recorded on 23.09.2019. Thereafter, the case was ordered to be listed for defence evidence, if any, on 15.11.2019. On the said date, no evidence was led by the accused, but an application was filed by him to deposit diet money of witnesses, which application was allowed by the learn....

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....earned Judicial Magistrate First Class, which is to the effect that "let a sum of Rs. 1000/- (one thousand only) be deposited in the relevant head, thereafter, process be issued to the witnesses for the date fixed". The acknowledgement of the amount being deposited is also there below order dated 15.11.2019. Therefore, it appears that when the case was listed on 07.12.2019 before the learned Court below, again no witness appeared on behalf of the accused, however, learned Trial Court while ordering the fixation of the case for recording of DWs on 18.01.2020, erred in not appreciating that diet money had already been deposited by the accused for the purpose of producing the witnesses for 07.12.2019 and no mention was made as to what was the ....