RAJENDRA ANAND Vs. ANAND KUMAR SHUKLA

JUDGEMENT

(1.) Petitioner has filed this miscellaneous criminal case under Section 482 of Cr.P.C., being aggrieved by the order dated 11.07.2017, in Cr.R. No. 172/2017, passed by 5th ASJ, Jabalpur, arising out of order dated 13.01.2017, in Criminal Case No. 1763/2015, passed by JMFC, Jabalpur, whereby the learned JMFC has rejected an application under Section 91 of Cr.P.C. filed by the petitioner. In revision, the learned Revisional Court has dismissed the same on the ground of maintainability.

(2.) According to case, the complainant has filed a private complaint under Section 200 of Cr.P.C. against the petitioner/accused for an offence punishable under Section 138 of N.I.Act. In proceeding, petitioner/accused has preferred an application under Section 91 of Cr.P.C., contending that there is money transaction of Rs. 1,48,000/- between the parties regarding B.C. and in this regard he has issued three cheques of Allahabad bank, Branch Madhatal. Subsequently, he has repaid the same to the complainant by cash or cheque mode. But, complainant had not returned back the cheques which were given by the petitioner earlier. Thereafter, complainant had made some quarrel with the petitioner, thus, wife of the petitioner has closed her joint account with the petitioner under the apprehension of misuse of the same by the petitioner as well as complainant. Thereafter, complainant has filled up the aforesaid cheques and produce before the Bank, which were dishonoured by the bank and complainant has registered a false case against the petitioner.

(3.) Petitioner/Accused further contended that according to complainant, petitioner took the amount of Rs. 4,42,000/- in cash, in three installments. First on 15.05.2013 of Rs. 1,46,000/-, secondly on 25.04.2013 Rs. 1,48,000/- and another last on 05.04.2013 of Rs. 1,48,000/-. The petitioner/accused has promised to the complainant to return the same within three to four months. On demanding of the same, petitioner has issued three post dated cheques, which were dishhonoured by the Bank on presentation.