SURINDER KAUR Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C., 1973 against the order dated 29.06.2017 passed by learned Upper Sessions and District Judge No.1, Sriganganagar whereby the learned Judge has rejected the revision petition No.CIS - 213/2017 and affirmed the order dated 18.05.2017 passed by learned Special Judge (NI Act Cases) No.1, Sriganganagar whereby he rejected the application filed by the petitioner under Section 91 Cr.P.C., 1973 in Criminal Case No.256/2010.

(2.) The complainant had filed a complaint under Section 138 Negotiable Instruments Act, 1981 and the allegation was that Rs. 2,00,000/- were borrowed and for discharging the liability, the petitioner gave a cheque bearing No.0045817 dated 23.09.2006 of Rs. 2,00,000/- drawn on Bank of India, Branch Dashmesh Nagar in favour of respondent No.2. Due to dishonouring of cheque, the proceedings were initiated.

(3.) Learned counsel for the petitioner has stated that the powers under Section 91 Cr.P.C., 1973 were required to be exercised by the learned court below as it was necessary and desirable and there was no other means to call Smt. Narender Kaur for taking complete stock of two cheques. The order of rejection of the trial court dated 18.05.2017 has been challenged.