AMANDEEP ARORA Vs. MANOJ SHARMA

JUDGEMENT

(1.) Heard on the question of admission.

(2.) This petition under section 482 of the Cr.P.C., 1973 has been filed against the order dated 02/08/16 passed by III Additional Sessions Judge, Bhopal in Criminal Revision no. 389/2016, whereby learned ASJ affirmed the order dated 07/06/2016 passed by learned Judicial Magistrate, First Class, Bhopal in Criminal Case No. 5043/2012, whereby learned JMFC rejected the applicant's application filed under section 91 of the Cr.P.C., 1973 for calling the Income tax returns of firm Motilal Sharma and Company and other records of that firm from respondent/complainant.

(3.) Brief facts of the case which are relevant for just disposal of the petition are that the respondent/complainant filed a private complaint before Judicial Magistrate First Class, Bhopal under section 138 of Negotiable Instruments Act against the applicant for dishonour of cheque averring that petitioner and respondent were known to each other and out of that relation when petitioner was in need of money, respondent gave Rs. 6,75,0,00/- to him. In order to discharge the said liability, a cheque bearing No. 684053 of Punjab National bank, Branch - Govindpura was given by the petitioner to the respondent. When the cheque given by the petitioner was presented by the respondent in his bank, the same was returned by the petitioner's Bank due to insufficient funds. So action be taken against applicant. On that complaint learned Magistrate took cognisance against the applicant under section 138 of Negotiable Instruments Act and registered complaint as Criminal Case No. 5043/2012 against the applicant for the offence punishable under section 138 of the Negotiable Instruments Act.