HARIHAR MISHRA Vs. VINAY KUMAR BHAVSAR

JUDGEMENT

(1.) The petitioner has filed this Misc. Criminal Case under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') being aggrieved with the order dtd. 9/3/2021 passed in Criminal Appeal (Regular) No.58/2019 by the Second Additional Judge to the Court of First Additional Sessions Judge, Betul; whereby the learned Additional Sessions Judge has rejected the application filed by the petitioner under Sec. 91 of the Code.

(2.) According to the petitioner, the complainant has filed a private complaint under sec. 200 of the Code against the petitioner/accused for the offence punishable under sec. 138 of Negotiable Instruments Act (hereinafter referred to as "the Act") contending that there was an agreement to sale of land between the parties and in this regard as an advance payment the petitioner/accused has issued a cheque of Rs.20,00,000.00 dtd. 5/10/2013 of State Bank of India, Raipur in favour of respondent no.1/complainant, which was dishonoured on presentation. In proceeding, petitioner/accused has preferred an application under sec. 91 of the Code, which was dismissed by the trial court and after completing the trial petitioner/accused has been convicted for the offence under sec. 138 of the Act and sentenced simple imprisonment for one year and compensation of Rs.31,74,500.00 (including interest of Rs.11,74,500.00 and suit cost of Rs.66,000.00) has also been imposed, in default of payment of compensation, to undergo 2 years additional simple imprisonment.

(3.) The petitioner/accused preferred a criminal appeal under Sec. 374 of the Code and in appeal, the petitioner filed an application under Sec. 91 of the Code (annexure A-3); whereby he prayed to call the income tax return of the complainant. That application was rejected by the appellate Court vide impugned order passed in Criminal Appeal (Regular) No.58/2019.