BINOD KUMAR MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Cr. Revision has been directed on behalf of the petitioner against the order dtd. 12/7/2023 passed by the learned Chief Judicial Magistrate, Khunti in Complaint Case No.48 of 2016 whereby the application filed under Sec. 311 of Cr.P.C. for production of the document has been rejected.

(2.) The brief facts leading to this Cr. Revision are that the petitioner-complainant has filed the complaint against accused-Aryan Kumar Jaiswal for dishonour of the cheque issued to set up the business of medicine.

(3.) In the complaint case, the evidence of the complainant was completed. The statement of the accused under Sec. 313 of Cr.P.C. was recorded and thereafter the accused examined himself in defence evidence in which this fact was deposed by the accused that the marriage of his sister was cancelled in Hyderabad. In regard to the same he has apprised to the complainant in October, 2015 and the said cheque was demanded back from him and the complainant told that the same cheque was kept in his Office. In the meantime, the marriage of his sister was decided to be solemnized on 6/12/2015. The said cheque was never returned despite of repeated demand.