NARESH KHANDELWAL Vs. MAHESH KHANDELWAL

JUDGEMENT

(1.) This petition has been filed under Section 482 of Code of Criminal Procedure (hereinafter referred to as "Cr.P.C."), against the order dated 23/03/2018 passed by Sessions Judge, Gwalior (M.P.) in Criminal Revision No.30/2018 whereby, the orders dated 30/01/2018 and 06/02/2018 passed in Criminal Case No.3015/2011 by Judicial Magistrate First Class, Gwalior have been affirmed.

(2.) The facts of the case, in short, are that the petitioner is facing trial under Section 138 of Negotiable Instruments Act (hereinafter referred to as "NI Act") arising out of a private complaint filed by the respondent, who is real brother of the petitioner. The cheque involved in the present matter was stolen by someone and matter had already been reported to the police. After recording of statements of the complainant, the present petitioner had preferred an application to summon the copy of the complaint as well as Roznamcha Sanha No.375 dated 06/08/2001. The trial Court had allowed the application filed by the petitioner and directed the petitioner to submit the process fee which was duly furnished by the petitioner but the police was unable to present Roznamcha Sanha No.375 dated 06/08/2001. Consequently, vide orders dated 30/01/2018 and 06/02/2018, the trial Court struck off the right of the petitioner to present defence.

(3.) Being aggrieved by such an order, petitioner filed a Criminal Revision before the Sessions Judge, Gwalior, which was dismissed vide order dated 23/03/2018 confirming the orders of JMFC.