MANASVI Vs. RAGHUNANDAN

JUDGEMENT

(1.) This petition under Sec. 482 of the Criminal Procedure Code, 1973 (hereinafter, for short 'the Code) is directed against order dtd. 27/3/2017 passed by 2nd Additional Sessions Judge, Dewas in Criminal Revision No.4/2017 (AnnexureP-1) and order dtd. 20/2/2017 passed by Judicial Magistrate, First Class, Dewas in Criminal Case No.2841/2014 (Annexure P-2).

(2.) The petitioner is being tried before the learned Magistrate in Criminal Case No.2841/2014 with regard to offence under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter, for short, 'the Act'). The allegation against the petitioner is that a cheque (No.183622) for a sum of Rs.1,50,000.00 issued by him was dishonoured by the banker stating "funds insufficient" and that, the amount under the cheque was not paid by him despite statutory demand notice. The petitioner at the stage of defence evidence, after seeking 7 adjournments to lead evidence, moved an application under sec. 91 read with Sec. 245 of 'the Code' praying for summoning of the bank account opening form and details of the account held by the respondent-complainant in Bank of India. He also prayed that the account statement and the original cheque of his own account being operated in Bank of India Branch Dewas be also summoned because the respondent- complainant has encashed cheque bearing No.149966 for Rs.15,000.00 which was issued by the petitioner in favour of the respondent-complainant.

(3.) The learned Magistrate declined to accept the prayer holding that the petitioner simply wants to delay the proceedings because he has made a prayer in this regard after procuring 7 adjournments and that, the documents sought to be summoned are not relevant for deciding the controversy involved in the matter. The revision preferred against this order came to be dismissed vide the impugned order on the ground that the same is not maintainable.