AJEET KUMAR Vs. ALOK KUMAR

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of Code of Criminal Procedure (hereinafter referred to as ''the Code '') against the Order dated 14.03.14 passed by 2nd Addl.Sessions Judge, Damoh in Criminal Revision No.18/2014 arising out of order passed in Criminal Case No.518/09 on 04.02.14 by JMFC, Damoh whereby an application under Section 311 of Crimial P.C. filed by the petitioner has been dismissed.

(2.) As per the complaint filed by respondent Alok Kumar, due to mutual understanding a loan of Rs. 2,25,000/ - was given by him to petitioner Ajeet Kumar. For its repayment a cheque of Kshetriya Gramin Bank, Damoh no.653084 dated 27.07.08 was issued by petitioner. The cheque was presented for its clearance on 15.10.08 by respondent . The same could not be encashed as it was requested by petitioner before the bank not to allow encashment of the cheque. Thereafter a registered notice dated 25.10.08 was given to petitioner requesting him to repay the amount within a period of 15 days. As the amount was not returned, therefore, complaint case was filed.

(3.) Petitioner filed an application under Sec. 311 of the Code for examination of Receipt Clerk of Collector 's Office, Damoh which prayer was rejected learned JMFC on 04.02.14, thereafter revision filed by petitioner also met with the same fate on dated 14.03.14, hence this petition.