RAJEEV SONI Vs. INDRESH SINGH

JUDGEMENT

(1.) Heard finally. Being aggrieved with the order D/- 6-12-2006 passed by Special Sessions Judge, Vidisha, in Criminal Revision No. 125/2006, this petition has been preferred on behalf of the petitioner, who is the accused in the original case. Vide impugned order, the learned Sessions Judge has affirmed the order D/- 14-7-2006 passed by J. M. F. C. Vidisha in R. T. No. 1781 /2006 wherein the learned Magistrate has rejected an application filed on behalf of the petitioner to call the account papers from the respondent, who is the complainant in the case, which are related to the alleged transaction. Shri Bhagawan Pandey, while drawing attention at the order passed by this Court in the case of Ajay Kumar Bharadwaj v. Anand Vijan, M. P. W. N. S. N. 131, page 303 (sic) has submitted that calling the account of the respondent is necessary for the case. Undisputedly, the complaint has been filed by the respondent under Section 138 of Negotiable Instruments Act, 1881 which goes as under :-

(2.) That it was drawn for discharging of any debt or other liability.

(3.) That it was returned by the bank unpaid on the ground mentioned in the section. Such drawer of the cheque can be punished with imprisonment as provided in the section, subject to-