GIRJA SHANKAR GOSWAMI Vs. KESHAVDAS SHILPKAR

JUDGEMENT

(1.) This application under Section 482 of Cr.P.C. has been filed against the order dated 17-4-2017 passed by J.M.F.C., Gwalior in Criminal Case No. 357/2016 by which the application filed by the respondent under Section 45 of Evidence has been allowed as well as the prayer made by the respondent to summon the bank employee with record has been allowed.

(2.) The necessary facts for the disposal of the present application in short are that the applicant/complainant has filed a criminal complaint under Section 138 of Negotiable Instruments Act, 1881 (In Short NIA,1881) on the allegation that the respondent was in need of money for the marriage of his daughter, therefore on 4-6-2014, he had taken an amount of Rs. 1,05,000 from the applicant. In the month of September 2015, when the applicant demanded his money back, the respondent gave a cheque on 28-9-2015. The relevant allegation made in the complaint is as under :

(3.) It appears that although the respondent admitted his signatures on the cheque, but denied that the other entries are in his handwriting. The contention of the respondent was that the cheuqe in question was stolen and accordingly he had lodged a police complaint and had also given an information to the concerning bank.