VIPIN KUMAR SAMAIYA Vs. SHOBHIT KUMAR @ MINTU SAMAIYA

JUDGEMENT

(1.) This Miscellaneous Criminal Case has been instituted on an application under Section 482 of the Code of Criminal Procedure filed on behalf of the petitioner/complainant Vipin Kumar Samayya. It is directed against order dated 27.5.2015, whereby the application dated 30.3.2015 filed by the accused Shobhit Samayya for his re -examination, was allowed.

(2.) The facts giving rise to this miscellaneous criminal case may be summarized as hereunder: Petitioner/complainant Vipin Kumar Samayya (hereinafter referred to in this order as âoethe complainantâ ), filed three private complaints under Section 138 of the Negotiable Instruments Act against the respondent/accused Shobhit Kumar. These complainants were registered as Criminal Case Nos. 1270, 1271 and 1272/2010. These cases were fixed for examination of accused on 17.3.2015 before Judicial Magistrate First Class, Jabalpur, Shri Nisar Ahmad and as per the order sheet in case no. 12270/2010, the examination of accused was recorded on that date.

(3.) The accused moved an application on 30.3.2015 for cancellation of the examination of accused dated 17 -3 -2015, in Criminal Case No.1270/2010 and conducting fresh examination of accused therein. It was submitted in the application that on 17.3.2015, statement of accused consisting of 78 questions, was recorded in Criminal Case No. 1271/2010 in accordance with answers given by the accused Shobhit. The questionnaire for recording the statement of accused in Criminal Case No. 1270/2010 was the same; therefore, the Court directed the Reader to fill up the same answers in the questionnaire prepared for case no. 1270; however, by the time questionnaire prepared in Case No. 1270/2010 reached the Reader, it was already 6:00 p.m.. Since it was already late, the Reader asked the accused to sign the blank questionnaire on each page, assuring that he would fill up the same answers as were given by the accused in Criminal Case No.1271/2010, later. On his assurance, accused signed the questionnaire in Criminal Case No.1272/2010 on each page and left the court room along with his advocate.