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2021 (11) TMI 756 - HC - Indian LawsDishonor of Cheque - seeking permission to lead defence evidence were dismissed - right to lead defence evidence closed - seeking directions for recalling of CW-1 for further cross-examination - petitioners has prayed that only one opportunity may be granted to the petitioners to lead defence evidence and the petitioners undertake to examine the defence witnesses in one day - HELD THAT:- Doubtless, the petitioners are guilty of delaying the trial, however, this Court cannot lose sight of the fact that a fair trial is the hallmark of criminal procedure. It entails not only the rights of the victims but also the interest of the accused. It is the duty of every Court to ensure that fair and proper opportunities are granted to the accused for just decision of the case. In furtherance of the above, adducing of evidence by the accused in support of his defence is also a valuable right and allowing the same is in the interest of justice. This Court is of the opinion that interest of justice would be served if the petitioners are allowed to lead defence evidence, subject to their examining the defence witnesses on one single day. The cross-examination of all such defence witnesses shall also be conducted on the same day. It has been informed that the next date of hearing fixed before the Trial Court is 13.12.2021 - it is directed that the matter be listed before the concerned Trial Court on 22.11.2021 for the petitioners to take appropriate steps for leading their defence evidence. The same shall however be subject to payment of cost of ₹ 30,000/- in each case, to be payable to the respondent, within a period of two weeks from today.
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