VIJAI SINGH KULHARI Vs. STATE & ANR.

JUDGEMENT

(1.) THE petitioner, Vijay Singh Kulhari is aggrieved by the order dated 7.5.2012 passed by the Additional Chief Mahanagar Magistrate No. 8, Jaipur Metropolitan whereby he has rejected the application filed by the petitioner under Section 91 read with Section 311 Cr.P.C. He is also aggrieved by the order dated 30.06.2012 passed by the Additional Sessions Judge (Fast Track) No. 3, Jaipur Metropolitan whereby the learned Judge has upheld the order dated 7.5.2012. In brief, the facts of the case are that for two cheques have given by the petitioner to the complainant Mr. Sharad Mehta, which had bounced. Mr. Sharad Mehta had instituted a complaint against the petitioner for offence under Section 138 Negotiable Instrument Act. During the course of the trial, the complainant and the petitioner had entered into an agreement on 28.07.2009. Both the partied had agreed that the petitioner would give three cheques, total Rs. 49,00,000/ -, to Mr. Sharad Mehta. Moreover, a piece of land would also be given by him to Mr. Sharad Mehta.

(2.) THE petitioner moved an application under Section 91 Cr.P.C. read with Section 311 Cr.P.C. He prayed that a copy of the agreement dated 28.07.2009 should be called for. Moreover the complainant should be recalled for so that he can be cross -examined with regard to the agreement dated 28.07.2009. However, by order dated 7.5.2012, the learned Magistrate dismissed the petitioner's application. Since the petitioner was aggrieved by the aforesaid order, he filed a criminal revision petition before the learned Judge. But by order dated 30.06.2012, the learned Judge dismissed the revision petition and upheld the order dated 7.5.2012. Hence, this petition before this Court.

(3.) HEARD the learned counsel for the petitioner and perused the impugned order.