JABARU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this criminal misc. petition under Sec. 482 Cr.P.C. seeking the following relief:-

(2.) Brief facts of the case are that the respondent No. 2 filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 against the petitioner. During the trial of the case, the present petitioner accused filed an application under Sec. 45 of the Evidence Act to the effect that the accused had borrowed Rs.10,000.00 from the complainant's cousin Kishore and a blank cheque bearing No. 605116 was given to Kishore and thereafter, cheque has been filled by the petitioner. The said application was rejected by the learned trial Court vide order dtd. 25/1/2018 and the revision against the said order was also dismissed by the learned revisional Court vide order dtd. 6/12/2018.

(3.) 1 Learned counsel for the petitioner has tried to make out a case that it was a fundamental right of the petitioner to defend himself and the same cannot be curtained by not sending the cheque to F.S.L. Learned counsel for the petitioner in support of his arguments has relied upon the judgment of Madhya Pradesh High Court in the case of Mohit Sharma. v. Anil Maheshwari (CRR No. 455/2012) dtd. 17/3/2017, the relevant para No. 11 whereof read as follows :-