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Judgment
Birendra Kumar, J
This matter has been listed on urgent mentioning slip.
The petitioner is an accused in Complaint Case No.7321/2018 for offence under Section 138 of the Negotiable Instruments Act.
By the impugned order dated 24.05.2022, the opportunity to bring defence evidence was closed by the learned trial Judge. The said order is under challenge in this petition under Section 482 Cr.P.C. filed on 03.08.2022.
On 02.08.2022, final argument was partly heard on behalf of the petitioner by the court below and the matter was adjourned for 16.08.2022. On 16.08.2022, the petitioner informed to the trial court regarding filing of this petition before this Court.
The trial court was aware that this case was to be listed on 17.08.2022 as such by order dated 16.08.2022, the trial Judge thought it appropriate to give one more chance to the petitioner, however, the case has been fixed for judgment on 18.08.2022.
Since valuable right of the petitioner is under consideration in this petition, the trial court is directed not to pass any judgment in the case.
Call for explanation from the trial Judge as to under what circumstance, without conclusion of the hearing, the case was fixed for judgment.
The learned District Judge shall ensure production of list of the cases under N.I. Act pending before the Special Metropolitan Magistrate (NI Act Cases) No.8, Jaipur Metropolitan-II, Jaipur, which are older than the present case.
Issue notice to the sole respondent through both processes.
Requisites be filed within ten days.
Let a copy of this order be communicated to the District Judge, Jaipur as well as to the trial Judge immediately.
List on 30.09.2022.