NARENDRA SINGH Vs. ASHOK VERMA

JUDGEMENT

(1.) Heard on the question of admission. This application under Section 482 of Cr.P.C. has been filed challenging the order dated 20-7-2017 passed by Sessions Judge Khandwa in Criminal Revision No. 31/2017, thereby affirming the order dated 6-3-2017 passed by A.C.J.M., Khandwa in Criminal Complaint Case No.2603719/2014 by which the application filed by the applicant under Section 233 of Cr.P.C. as well as under Section 45 of Evidence Act has been rejected.

(2.) The necessary facts for the disposal of the present application in short are that the respondent has filed a criminal complaint against the applicant for offence under Section 138 of Negotiable Instruments Act.

(3.) After the evidence of the complainant was over, the applicant filed two applications, i.e., for examining nine witnesses in his defence as the applicant had taken loan from one Rakesh Verma, the brother-in-law of the applicant and had given the cheque in question by way of security of loan and it is the claim of the applicant, that the said cheque has been misused by said Rakesh Verma. Although the applicant has repaid the loan amount to Rakesh Verma, along with interest, but Rakesh Verma has got the complaint filed through the respondent, thereby misusing the cheque.