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2015 DIGILAW 257 (MP)

Mohd. Anish v. Parhad Singh

2015-03-02

N.K.GUPTA

body2015
JUDGMENT: Heard on admission. 2. The applicant has challenged the order dated 23.12.2014 passed by the 8th Additional Sessions Judge, Rewa in criminal revision No.311/2014, whereby the order dated 18.11.2014 passed by the JMFC, Rewa in complaint case No.2561/2012 was modified and the application of the applicant was accepted, except that Veeresh Singh was not called as defence witness. 3. The facts of the case, in short, are that, the applicant is facing criminal complaint relating to offence under Section 138 of Negotiable Instruments Act. Case was at the stage of final arguments and the applicant has moved an application to call some witnesses in defence and also Veeresh Singh, son of the complainant. 4. The trial Court after considering the application, dismissed it, whereas the revisionary Court has partly allowed the application. After considering the submissions made by the learned counsel for the applicant, it appears that the revisionary Court has considered the entire application of the applicant and found that there is no reason to examine Veeresh Singh in the present complaint. A similar compliant was lodged by Veeresh Singh against the applicant and he is son of the complainant. There was no role of Veeresh Singh in the present matter and therefore, the revisionary Court did not permit to call Veeresh Singh as defence witness. 5. After considering the entire discussion in the order passed by the revisionary Court, it appears that no illegality or perversity is visible in that order. The applicant could not show the necessity of examination of Veeresh Singh in the present case. Hence, there is no reason to invoke the inherent powers of this Court under Section 482 of the Cr.P.C. in favour of the applicant against the order dated 23.12.2014 passed by the revisionary Court. Consequently, the present petition under Section 482 of the Cr.P.C. is hereby dismissed at motion stage.