MOHAN MANDELIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution contains a prayer for issuance of direction to the respondents to investigate the matter under section 173(8) of Cr.P.C.

(2.) A FIR is lodged against the petitioner by Sunita Sharma (page 16). It is contended that the allegation in the complaint is that the petitioner has taken a sum of Rs. 9 lakhs from Seeta Bai and Rs. 7 lakhs from the complainant Sunita Sharma. For repayment of said amount of loan, a cheque of Rs. 16 lakhs was given by the petitioner in the name of Seeta Bai. When the cheque was presented it was returned on account of petitioner's instruction "stop payment and because of insufficiency of fund". It was alleged that the cheque was found to be a coloured photocopy of the original cheque and therefore, FIR was registered. The matter was investigated by the Police and challan was filed.

(3.) Shri Prashant Sharma, learned counsel for the petitioner submits that the respondents are bound to follow section 173(8) of Cr.P.C. It is contended that State Minister of Home, Transport and Jail Department, Govt. of M.P. by communication dated 05.01.2009 Annexure P/3 directed the Superintendent of Police, Gwalior to reinvestigate the matter. It is further contended that the challan has already been filed under section 173 of Cr.P.C. before the Court below. During the pendency of the matter before the Court below, the opinion of State Examiner of Questioned Document. Govt. of M.P. is procure by the prosecution. By taking this Court to this opinion dated 20.04.2012, it is contended that in view of this report, it is clear that petitioner is not guilty.