MANOJ KUMAR MITTAL Vs. DEEPAK AGRAWAL

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, against the order dated 26.9.2017 passed by First Additional Sessions Judge, Sheopur, whereby the order dated 9.1.2017 passed by learned trial Court has been confirmed and application filed under Section 91 of CrPC preferred by the petitioner has been rejected.

(2.) The facts in short are that a private complaint was preferred under Section 138 of Negotiable Instrument Act by the respondent, wherein it was pleaded by the respondent that the petitioner had borrowed Rs.8.00 lacs from the respondent on 25.7.2012 and for repayment of such loan a post-dated cheque No. 012559 dated 25.8.2012 was given by the petitioner. The said cheque was presented before the bank and the same was dishonoured, hence the complaint was preferred. The petitioner preferred an application under Section 91 of CrPC for calling sale deed which was executed by Premlata in favour of the respondent. The petitioner has signed as witness in the said sale deed. The cheque in question was given as security for payment of sale consideration, that cheque has been misused. Since the sale deed reflects the fact that cheque was given as security, therefore, the sale deed was required to be called.

(3.) It is further pleaded that the brother of respondent Neeraj has filed one civil suit against Premlata, which is numbered as 28A/2012 C.S. and is pending before Civil Judge Class-1, Sheopur. The sale deed which was sought to be called has been filed in that civil suit and was duly exhibited. Therefore, the petitioner prayed for calling of said record by filing application under Section 91 of CrPC, which was rejected.