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2022 (1) TMI 500 - HC - Indian LawsDishonor of Cheque - application praying for deposit of diet money - Section 138 of N I Act - HELD THAT:- This Court is of the considered view that herein there is lapse on the part of the accused but the Court below has also contributed towards this lapse by not undertaking the exercise of going through its orders and ascertaining the fate of the process undertaken by the Court to summon the witnesses in terms of the list of witnesses filed by the accused and the diet money deposited by him. Therefore, in these peculiar circumstances, this Court is of the considered view that interest of justice demands that at least one more opportunity be granted to the accused to lead evidence with Court assistance so that justice is done to him. Parties through Counsel are directed to appear before the learned Court below on 06.01.2022, on which date, the case shall be listed by the learned Trial Court for summoning the witnesses of the accused. Thus, an opportunity will be given to the accused to lead evidence. If he fails to avail this opportunity, his right to lead evidence will be closed. The indulgence, which has been shown in favour of the petitioner by the Court today, shall be subject to payment of cost of ₹ 5000/- by the petitioner to the complainants - petition disposed off.
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