VIKRAMBHAI PATEL Vs. PRAVEEN GROUP OF CONSTRUCTIONS

JUDGEMENT

(1.) The present petition has been filed to quash orders dtd. 11/4/2023, 6/12/2024 and 19/12/2024 passed by learned Judicial Magistrate, First Class, Jabalpur in SCNIA Case No. 600/2023 (Praveen Group of Constructions through Proprietor Praveen Kumar Patel Vs. Vikram Bhai Vallabh Bhai Patel) whereby cognizance has been taken against the petitioner herein on 11/4/2023 for commission of offence under Sec. 138 of the Negotiable Instruments Act and order dtd. 6/12/2024 whereby an application under Sec. 45 and 73 of the Evidence Act filed by the petitioner/accused has been dismissed. As the petitioner has sought time till March, 2025 to produce defence evidence as accused is in some foreign country, by the order dtd. 19/12/2024, the Trial Court has directed accused to produce his defence evidence otherwise his defence will be closed.

(2.) The aforesaid orders have not been challenged before the Court of Session by filing revision but have been directly challenged before this Court and petitioner has prayed to set aside the aforesaid orders.

(3.) The brief facts of the case are that the petitioner is facing trial in SCNIA Case No.600/2023 (Praveen Group of Constructions through Proprietor Praveen Kumar Patel Vs. Vikram Bhai Vallabh Bhai Patel) for commission of offence under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as "N.I. Act"?.) before JMFC, Jabalpur. It is alleged that petitioner accused had issued a cheque dtd. 28/11/2022 of HDFC, City Road, Ahmedabad for a sum of Rs.27,25,000.00 in favour of the respondent/complainant. When cheque was presented by the complainant in the Bank for encashment, same stood dishonoured on 13/1/2023 with an endorsement of insufficient fund. A complaint was filed by the respondent-complainant under Sec. 200 of Cr.P.C. before the learned JMFC alleging that the petitioner/accused has committed an offence under Sec. 138 of the N.I. Act.