LAWS(MPH)-2018-5-380

BHANWARSINGH Vs. MAHENDRA KUMAR

Decided On May 10, 2018
BHANWAR SINGH Appellant
V/S
MAHENDRA KUMAR Respondents

JUDGEMENT

(1.) Heard.

(2.) The brief facts of the case are that the applicant has filed a private complaint before the Judicial Magistrate First Class, Indore regarding commission of offence punishable under Sec. 138 of the NI Act. During pendency of the case respondent has filed an application under Sec. 91 of the Cr.P.C alleging that the applicant is a money lender and he is doing money lending business without having any license. Earlier also he has filed 10 cases under Sec. 138 of the NI Act against another persons, therefore, the applicant be directed to furnish the certified copy of the complaint cases mentioned in Serial Nos. 4 to 10 in the application. Said application was allowed by the trial Court.

(3.) Feeling aggrieved by the aforesaid order a revision petition has been filed before the Court of Additional Sessions Judge, Indore and the same was dismissed, vide order dtd. 12/04/2017 by the Additional Seesions Judge on the ground that the revision petition has been filed against the interlocutory application, therefore, in the light of the judgment passed by the Hon'ble apex Court in the case of Setu Raman Vs. Rajamanikkam, 2009 (5) SCC 153, this revision is not tenable. This order is a subject matter of challenge before this court in present application.