NIZAMUDDIN KHAN Vs. STATE OF RAJ. & ANR.

JUDGEMENT

(1.) This Misc. Petition under Sec. 482 Crimial P.C. has been filed against the order dated 26.7.2008 whereby application of the petitioner under Sec. 91 Crimial P.C. has been rejected and revision has also been dismissed.

(2.) The short facts of the case are that respondent No.2 filed a complaint under Sec. 138 of the Negotiable Instruments Act against the present petitioner involving cheque of Rs. 38,500.00. During the cross examination of the complainant, it was revealed that an account of the loan has been maintained by the complainant and the contention of the present petitioner is that in lieu of the cheque of Rs. 38,500.00 he has paid money in the tune of Rs. 1,92,650.00 and no money is due against the present petitioner. The cheque has been misused and application has been presented to call the documents relating to sanction of the loan and loan account.

(3.) The contention of the present petitioner is that all these documents are relevant to decide the controversy in the complaint and when he has already paid much more amount than the cheque amount, no money is due from him and the complaint is misconceived. Per contra, the contention of the learned Public Prosecutor is that loan amount is not disputed in the complaint. The court below has rightly held that only issue regarding cheque amount is to be decided, and there is no infirmity in the impugned order.