CRR-1902-2015

(SHRI SHRICHAND JAIN Vs MADHYA PRADESH PURVA KSHETRA VIDYUT VITRAN COM.LTD.
SAGAR)

07-10-2015
Shri Pranay Gupta, learned counsel for the applicant.
Shri O.P. Mishra, learned counsel for the respondent.
Heard.
This revision petition has been filed against the order dated
28.07.2015. The Case No.121/05 is pending before the trial Court for
the last ten years. In this view of the matter, with the consent of the
parties, the revision petition is heard and disposed of finally at this
stage.
The respondent-Madhya Pradesh Purva Keshtra Vidyut Vitran
Company filed a case under Section 151 of Electricity Act against the
petitioner. In accordance with the petitioner, the last witness examined
on behalf of the respondent on 2.9.2014 before the Court thereafter,
the case was fixed for defence evidence.
Counsel of the applicant informed the Court that the applicant
did not want to produce the defence evidence hence, the case was
fixed on 25.02.2015, for final arguments. Thereafter, the applicant
filed an application under Section 315 of Cr.P.C., that he may be
permitted to give his evidence in support of his case. That application
has been turned down by the trial Court by the impugned order.
Section 315 of Cr.P.C., prescribes that any accused of an offence
before the Criminal Court shall be competent witness for the defence
and he may give his evidence on oath.
It is submitted by the counsel for the petitioner that the petitioner
wants to exhibit the documents Annexure-A-2 and A-3. Those
documents are necessary for just decision of the case.
Although the case is pending for long period, however, in the
interest of justice, in my opinion, it would be just and proper to grant
one more opportunity to the petitioner to produce his evidence before
the trial Court subject to payment of cost of Rs.5,000/- to the
respondent.
 In this view of the matter, this revision petition is disposed of
with a direction that the petitioner shall be permitted to give his
evidence in support of his case. He shall appear before the trial Court
on 26.10.2015, for the aforesaid purpose. The trial Court shall record
his evidence on the aforesaid date subject to payment of cost of
Rs.5,000/- (Rs. Five thousand) to the respondent.
It is hereby clarified that no further opportunity shall be granted
to the petitioner for the aforesaid purpose.
Certified copy as per rules.

(S.K. GANGELE)
JUDGE