MAHESH JOSHI Vs. SANAT KUMAR JAIN

JUDGEMENT

(1.) THE order passed by Additional Sessions Judge, Bhanpura, Mandsaur in Cr. R. No. 96/2006 on dated 11-5-2006 whereby order dated 8-4-2006 passed by Judicial Magistrate First Class, Bhanpura in Criminal Complaint No. 13/2005 was confirmed, is under challenged in this petition presented by the petitioner under Section 482 of Criminal Procedure Code, requesting to invoke the extraordinary jurisdiction of this Court and to quash both these orders.

(2.) THE present petitioner is facing prosecution under Section 138 of Negotiable Instruments Act before learned JMFC, Bhanpura, on the allegation that two cheques of Rs. 50,000/- and Rs. 75,000/- respectively issued by the present petitioner herein were dishonoured by the Bank due to insufficiency of funds and the amount was not paid by him despite demand. During Trial Prosecution witnesses were examined thereafter, petitioner herein entered in his defence and when the matter was at the stage of advancing final arguments then an application under Section 91 of Cr. PC was filed, wherein a request was made, summon FIR lodged by the complainant (respondent herein) regarding theft of his GPF amount as well as record of the GPF account of the complainant be called. Another application under Section 311, Cr. PC was filed for recalling complainant. These two applications Annexures P-3 and P-4 were dismissed by the Trial Court and the criminal revision filed by the petitioner herein before Additional Sessions Judge also failed, therefore, he preferred present petition.

(3.) AFTER having heard learned Counsel for both the parties and having gone through the impugned order passed by JMFC as well as Additional Sessions Judge in Cr. R. No. 96/2006 on dated 11-5-2006, this Court is of the opinion that this petition has got no force and is liable to be dismissed.