LAWS(MPH)-2013-6-134

BHAGWANDAS Vs. DHARAM PRAKASH CHATWANI

Decided On June 23, 2013
BHAGWANDAS Appellant
V/S
Dharam Prakash Chatwani Respondents

JUDGEMENT

(1.) Shri Pushpendra Yadav for the applicant.

(2.) Challenging an interlocutory order-dated 14.3.2013 passed by the Sessions Judge (Atrocity), Bhopal in Criminal Revision No. 714/2012, rejecting certain application and revision filed by the petitioner in the matter of examination/reexamination of witnesses in a proceeding pending under section 138 of the Negotiable Instruments Act before the JMFC, Bhopal in Complaint Case No.10481/2010, this application under section 482 CrPC has been filed seeking invocation of the inherent jurisdiction of this Court.

(3.) Certain proceedings have been initiated against the applicant by the respondent on the ground that two Cheques given have bounced and, therefore, an offence under section 138 of the Negotiable Instruments Act has been established. The complaint has been put to trial and after recording the statement of witnesses, it seems that the complainant filed an application for his re-examination mainly on the ground that certain dates mentioned in the notice issued under section 138 and the actual date of issuance of cheques are differing and wanted to give correct picture, to point out the mistake in the matter of indicating the dates of the cheque and certain other particulars. The application has been allowed by the learned trial court and the revision petition filed under section 397 CrPC having been dismissed by the Sessions Judge, this application has been filed under section 482 CrPC challenging the concurrent orders passed by the courts below.