Court No. - 42
Case :- APPLICATION U/S 482 No. - 23302 of 2019 Applicant :- Pradeep Bansal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State. .
The applicant has approached this Court against the order dated 27.5.2019 passed by the Additional Sessions Judge, Court No. 1, Meerut in S.T. No. 639 of 1994.
The defence evidence has been closed by the aforesaid order on the ground that despite repeated grant of time, no evidence was lead by the defence. The applicant has made application on 27.5.2019 praying for summoning of three witnesses.
The trial is already fixed for hearing.
Learned counsel for applicant has submitted that one opportunity may be granted to the applicant to lead evidence and the court below may be directed to summon the witnesses.
Learned A.G.A has opposed the prayer made on behalf of the applicant on the ground that the trial is pending since the year 1994 and is not being concluded on account of one pretext or the other.
After hearing the rival submissions, this Court is of the view that no useful purpose will be served by issuing notices to the opposite party no. 2 and calling for counter affidavit, which will further delay the proceedings. In case the applicants deposits a fine of Rs. 10,000/- the trial court shall grant one opportunity to the defence to lead evidence. The aforesaid amount shall be deposited by the next date fixed and the court below shall grant one opportunity to the applicant. However, in case this order is not complied, the trial court shall proceed with the trial and pronounce judgment.
It is made clear that no further opportunity shall be granted to the applicant for this purpose.
With this observation, the application stands disposed of.
Order Date :- 25.6.2019 Nadeem Ahmad