SARNAM SINGH Vs. KALURAM KLOSIYA

JUDGEMENT

(1.) The Miscellaneous Criminal Case has been filed by the petitioner/applicant under Section 482 of the Cr.P.C. for challenging the order dated 19.11.2018 passed by IIIrd Additional Sessions Judge, Sehore in Criminal Revision No.87/2018 whereby the learned Additional Sessions Judge has affirmed the order dated 27.08.2018 passed by the Judicial Magistrate First Class Sehore, in R.C.T.No.101/2017.

(2.) The case of the respondent before the lower Court is that the petitioner/accused borrowed the amount of Rs.7,88,000/- from the respondent for personal requirement with promise to pay the same within some days. When the respondent has demanded the said money, the petitioner/accused issued a cheque bearing No.104156 for the said amount i.e. Rs.7,88,000/- to the respondent thereafter the respondent deposited the aforesaid cheque in the Bank, but same was dishonored due to insufficient balance. Thereafter, respondent gave a notice to the petitioner/accused upon which he did not pay the cheque amount then the respondent/complainant filed an application under Section 138 of the Negotiable Instrument Act. Subsequently, the respondent has filed a complaint against the petitioner/accused under Section 138 of the NI Act and the case is registered as R.C.T.No.101/2017, which is pending before the JMFC, Sehore.

(3.) Petitioner/applicant has appeared before the learned lower Court, and the lower Court was framed the charge against the petitioner/accused and matter was fixed for evidence of the complainant then the petitioner/accused filed an application under Section 91 of the Cr.P.C. For seeking income tax return of the complainant/respondent, as the same would be required for cross-examination. Learned lower Court has dismissed his application then the petitioner/accused again filed a revision against that order. Revisional Court has also dismissed the said revision.