GANI MUSAINI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Cr.P.C. against the order dtd. 30/8/2019 passed by Judicial Magistrate First Class, Raipur in Criminal Complaint Case No. 973/2013 whereby the learned Court rejected the application filed under Sec. 311 of Cr.P.C. and against this order, revision petition has been filed by the petitioner before Additional Sessions Judge (Special Judge of Special Court for trial of CBI) bearing Criminal Revision No. 599/2019 which was rejected on 4/11/2019 by Revisional Court.

(2.) Brief facts of the case are that complainant/respondent No. 2 filed a complaint against petitioner before Judicial Magistrate First Class under Sec. 138 of Negotiable Instruments Act. On 25/3/2013, respondent No. 2/ claimant gave Rs.2,50,000.00 on credit to the petitioner and in discharge of that liability, petitioner had given a self-signed cheque bearing No. 031793 dtd. 2/4/2013 of Bank of India. When respondent/complainant submitted the said cheque at the bank for encashment, the same got dishonoured on 18/5/2013 due to insufficiency of fund in the account. Intimation about dishonour of cheque was conveyed to the petitioner/accused through registered legal notice on 29/5/2013 and when even after lapse of statutory period of 15 days, the petitioner/accused did not pay the cheque amount, respondent/complainant filed a complaint against the petitioner for the offence punishable under Sec. 138 of Negotiable Instruments Act.

(3.) During trial, petitioner/accused filed an application under Sec. 311 of Cr.P.C. because some important question was left on defence by earlier counsel but application of the petitioner was rejected on 30/8/2019 on the ground that accused had sufficient time and opportunity for cross-examination of complainant. Against the said order, petitioner filed revision before learned Additional Sessions Judge but the same was dismissed on 4/11/2019 by stating that it is not maintainable, hence this petition filed by the petitioner.