ASHISH SINGH Vs. SHRI BHAGWAN SANGTANI

JUDGEMENT

(1.) This Revision under Section 397/401 of the Code of Criminal Procedure has been filed against the order dated 21.11.2017 passed by Judicial Magistrate First Class, Bhopal in R.T No. 10881/2015 by which the application filed by the applicant under Section 91 of the Cr.P.C has been rejected on the ground that the said application has been filed belatedly after 9 months from the date when the case was fixed for defence evidence.

(2.) The necessary facts for the disposal of present revision are that the respondent/complainant has filed a criminal complaint under Section 138 of the Negotiable Instrument Act on the allegation that the applicant had got certain electrification work done from the respondent and a cheque of Rs. 25,00,000/- was issued by the applicant, which was returned back by the Bank on the ground of insufficient fund. After issuing notice to the applicant, the respondent filed a complaint under Section 138 of Negotiable Instrument Act.

(3.) It appears that after the evidence of the respondent/complainant was over the case was fixed for defence evidence and near abut 9 months thereafter the applicant filed an application under Section 91 of the Cr.P.C. seeking direction to the respondent/complainant to file documents as mentioned in the application. By the said application the applicant has sought the following documents to be produced by the respondent: