SACHDEVA ELECTRICS Vs. SHYAM SUNDER SHARMA

JUDGEMENT

(1.) By way of these criminal misc. petitions filed under Section 482 of Code of Criminal Procedure, the complainant Petitioner has prayed to quash and set-aside the order dated 23rd August, 2003 rendered by Special Judge, Fake Currency Note Cases, Jaipur City, Jaipur, wherein the learned appellate court while allowing the application made under Section 391 of Code of Criminal Procedure, directed the learned trial Court to take the reply of notice and receipt, on record, examine the witness Anil Saraswat to be produced by the accused Shyam Sunder Sharma in defence and thereafter decide the case afresh.

(2.) The case of the Petitioner is that he lent Rs. 50,000/- on 10th April, 1999 and Rs. 50,000/- on 18th July, 1999 to the accused non Petitioner Shyam Sunder Sharma, against which he repaid Rs. 15,000/- in cash and gave two cheques of rest of the amount of Rs. 85,000/-; one cheque No. 300993 dated 22.2.2000 for an amount of Rs. 45,000/-, and another cheque No. 300994 dated 17th March, 2000 for an amount of Rs. 40,000/-. These cheques were tendered in the bank, which are alleged to have been dishonoured by the bank on account of insufficient funds.

(3.) Heard learned Counsel for the parties and carefully perused the relevant material on record.