DINESH VAISHNAV Vs. KISHOR KUMAR GUPTA

JUDGEMENT

(1.) The petitioner has preferred this petition under Section 482 of Cr.P.C. for quashing the Complaint Case No.1391/2009 pending before the Judicial Magistrate First Class, Balaghat.

(2.) The factual aspect of the case is that the respondent has moved a complaint for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for brevity "Special Act, 1881") before the Chief Judicial Magistrate, Balaghat, which was duly registered and is pending before the concerned Magistrate.

(3.) Learned counsel for the applicant has submitted that the trial Court has committed a gross error in not considering the fact that examination of the complainant under Section 200 of the Code of Criminal Procedure, 1973 (for short "Code, 1973") was mandatory. In support of his contention, he has placed his reliance on the order of this Court in the case of "Banshilal Vs. Abdul Munnar, 2010 1 MPHT 40" , in which the examination of the complainant under Section 200 of the Code, 1973 is held mandatory. In such circumstances, the complaint could not be registered, and therefore it is liable to be quashed.