GOWARDHAN DAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Heard finally with consent of parties.

(2.) THESE two criminal applications are filed against the two orders passed by the judicial Magistrate, First Class, Nagpur, on an application for return of the documents filed in Criminal Case instituted under section 138 of Negotiable Instruments Act.

(3.) APPLICANT Gowardhan Das is an accused while Nandkumar is a complainant. It is alleged that applicant Gowardhan Das had issued two cheques bearing No. 682765 and 682766. Both the cheques were for sum of Rs, 1,50,000/ -. Those cheques were issued by the present applicant. They were sent for collection to the bank. Those cheques were dishonoured. Non applicant no. 2 Nandlal therefore, filed two separate criminal cases being Criminal Case No. 4034/05 and 4035/05. When these applications were filed by Nandlal he had tendered those two cheques along with the memos of return issued by the bank. During the course of the trial i. e. after recording of the evidence of the witnesses was over it was revealed that wrong memos of return were filed in those cases i. e. the one which ought to have been filed in Cri. Case No. 4034/05 was filed in Cri. Case No. 4035/ 05 and the one which should have been filed in Cri. Case No. 4035/05 was filed in Cri. Case No. 4034/05. When this came to the notice of the Judge the complainant applied in both the cases for return of the two documents for being produced in other case. Applications were opposed by the accused. The learned Magistrate found that this was only due to inadvertence and no prejudice would be caused to the accused. He , therefore, returned both memos of the bank to the complainant for being filed in an appropriate criminal case. Being aggrieved by that order these two applications have been preferred.