GURUSHARAN SAHU Vs. CHUMMAN LAL SINHA

JUDGEMENT

(1.) The petitioner has filed this writ petition (Cr) under Article 226 of the Constitution of India challenging the legality and propriety of the order dated 18.03.2019 passed in Criminal Revision No. 26/2019 in the case of Gurusharan Sahu vs Chumman Lal Sinha passed by learned Sessions Judge, Dhamtari as well as order passed by learned Chief Judicial Magistrate, First Class Dhamtri (C.G) rejecting the application on 26.10.2018 in Criminal Case No. 183/2014 by recording a finding that photocopy of cheque cannot be taken as secondary evidence.

(2.) The brief facts, as projected in the writ petition (criminal) are that the respondent took loan of Rs. 1,00,000/- from the petitioner on 04.07.2012 and in lieu of that he has given cheque No. 286705 drawn in HDFC Bank to the respondent on 25.07.2012. The petitioner submitted the said cheque on 31.07.2012 for clearance in the bank account No. 1947051791 maintained with the Central Bank of India, Branch Dhamtari. The cheque was dishonored on account of insufficient balance on the same day by the ban . Thereafter, the respondent requested him to give one month's time so that he may deposit the entire amount before the bank so the cheque can be honored. The petitioner again submitted the cheque on 18.09.2012 which was again dishonored on account of insufficient balance.

(3.) The petitioner sent a notice to the respondent as required under Section 138 of the Negotiable Instruments Act, 1881 (herein after referred to as 'the N.I. Act') which was neither replied nor payment was made to the petitioner. Thereafter, he filed a complaint under Section 138 of the N.I. Act before the learned Chief Judicial Magistrate on 05.11.2012. Before registration, as required under Section 200 of the Cr.P.C., the petitioner exhibited the documents namely the cheque, cheque forwarding memo and intimation by the bank regarding dishonored of the cheque. Learned trial Court taking cognizance of the complaint issued summons to respondent who appeared before the learned Chief Judicial Magistrate, Dhamtari.