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2019 (7) TMI 1747

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..... ity was granted to the petitioners to lead their evidence in defence. The order dated 08th January, 2019 would show that even the last opportunity was granted to the petitioners to produce their evidence in defence. Therefore, this Court does not find any illegality or perversity with the order on the face of it, warranting any interference with the same, so far as the merits of the case are conce .....

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..... Prayer in the present petition is for quashing of the order dated 18.05.2019 (Annexure P-1) passed by learned JMIC, Faridabad in complaint under Section 138 of the Negotiable Instruments Act, 1881, i.e. in NACT/1230/2017 dated 22.03.2017 titled as M/s Jyoti Industries Corporation Ltd. Vs. M/s Sebro Machine Tools Pvt. Ltd. , whereby the application of the petitioners for keeping the proceedin .....

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..... himself has restricted the present petition only qua challenge to that part of the order dated 18.05.2019 whereby the defence evidence of the petitioners was ordered to be closed, therefore, the present petition is entertained only qua that portion of the order. Learned counsel for the petitioners has submitted that the petitioners intended to present their defence in a proper manner by placing .....

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..... closed, is not based on correct facts. The petitioners have no intention to delay the trial. Still further, it is submitted that in any case, the petitioners deserve at least one opportunity to produce their evidence in defence. Having hearing learned counsel for the petitioners, this Court finds that even before the trial Court started adjourning the case on joint request, the opportunity was .....

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..... inancial burden. In view of the above, the present petition is disposed of with a direction to the trial Court to provide one effective opportunity to the petitioners to lead their defence evidence, however, subject to payment of ₹ 25,000/- as costs. The amount of costs is ordered to be deposited with the Institute for Blind, Sector-26, Chandigarh, within a period of two weeks from today. .....

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