RAJESHWAR DAYAL PAREEK Vs. ALANKAR MARBLE AND GRENITE

JUDGEMENT

(1.) Instant misc. petition has been filed against the order dtd. 10/1/2023 passed by learned Additional Sessions Judge No.2, Jodhpur Metropolitan whereby the learned Judge dismissed the revision petition and affirmed the order dtd. 14/7/2022 passed by learned Metropolitan Magistrate (N.I. Act) Cases No.7, Jodhpur Metropolitan by which the application filed by the petitioner under Sec. 315 Cr.P.C. read with Sec. 145(2) of N.I. Act has been dismissed.

(2.) Brief facts of the case are that the complainant filed a complaint before the Metropolitan Magistrate under Sec. 138 of N.I. Act with regard to dishonouring of Cheque No. 000234 dtd. 21/9/2016 darawn on DCB Bank, Branch Jodhpur for a sum of Rs.5,00,000.00. During the trial, the respondent no.1 Rahul Jain examined himself in evidence and documents were also filed. After examination of complainant, the petitioner accused filed an application under Sec. 315 Cr.P.C read with Sec. 145(2) of N.I. Act stating therein that in his defence, he wants to give his evidence on affidavit.

(3.) After considering the arguments of both the parties, the learned Metropolitan Magistrate dismissed the application filed by the petitioner vide order dtd. 14/7/2022. The petitioner filed a revision petition against the said order before the learned Additional Sessions Judge No.2, Jodhpur Metropolitan which too was dismissed vide order dtd. 10/1/2023.