PRABHULAL GUPTA Vs. GANESHDEEN PATEL

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for quashing the proceedings of criminal case bearing No.546/2009 pending before the Court of Judicial Magistrate First Class, Anuppur against the petitioner accused under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act').

(2.) THE facts of the case, in brief, are that the respondent -complainant filed a criminal complaint dated 13.7.2009 Annexure A/1 under Section 138 of the Act against the petitioner -accused stating that the petitioner - accused received a sum of Rs.13,52,000/ - by cheque and cash on the pretext of securing him an area of agriculture land at Village Samatpur and also assuring that he would ensure that possession of the land would also be given to him and if he fails to do so he would return the money paid to him. Though the land was purchased vide Annexure A/4 but the possession of the land could not be secured to the respondent - complainant. On respondent/complainant's asking the petitioner - accused to return the money, he gave him a cheque dated 13.8.2008 for a sum of Rs.13.00 lakhs which was presented by the respondent/complainant to bank for payment but it was dishonoured. Consequently, a notice dated 2.5.2009 Annexure A/3 was given to the petitioner -accused for demand of the cheque amount but the petitioner did not pay him the money. Thereafter, the criminal complaint Annexure A/1 was filed against the petitioner -accused.

(3.) LEARNED counsel for the respondent opposing the submissions made on behalf of the petitioner -accused submits that this petition filed under Section 482 of the Cr.P.C is not maintainable as the order of cognizance dated 14.07.2009 was not challenged by the petitioner -accused when he appeared before the trial court. Thereafter charges were framed against him on 05.10.2009 and the propriety and legality of the said order was also not challenged. The complainant's evidence was closed a long before, thereafter, examination of the accused under Section 313 of the Cr.P.C was carried out on 25.02.2012. When the case was fixed for defence evidence, an application under Section 91 of the Cr.P.C. was filed by the petitioner -accused which was rejected by the Court vide order dated 22.03.2012. The said order was challenged before the Court of Session bearing Criminal Revision No. 27/2012. The said revision was also dismissed vide order dated 10.01.2013. Thereafter, the petitioner - accused filed a petition under Section 482 of the Cr. P.C. bearing M.Cr.C No. 1073/2013 wherein the same allegations and grounds were raised by the petitioner -accused and the said petition was also dismissed vide order dated 28.06.2013. Once, the petition filed by the petitioner -accused under Section 482 of the Cr.P.C. was dismissed by this court, the instant petition filed by the petitioner -accused again under Section 482 of the Cr.P.C. for the same relief can not be entertained. On the aforesaid grounds, learned Panel Lawyer has prayed for rejection of the petition.