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2016 DIGILAW 252 (MP)

Ajeet Kumar Son of Chunni Lal Jain v. Alok Kumar son of Sukhram Jain

2016-03-22

SUBHASH KAKADE

body2016
ORDER : Subhash Kakade, J. This petition has been filed under Section 482 of Code of Criminal Procedure (hereinafter referred to as “the Code”) against the Order dated 14.03.14 passed by 2nd Addl. Sessions Judge, Damoh in Criminal Revision No.18/2014 arising out of order passed in Criminal Case No.518/09 on 04.02.14 by JMFC, Damoh whereby an application under Section 311 of Cr.P.C. filed by the petitioner has been dismissed. 2. As per the complaint filed by respondent Alok Kumar, due to mutual understanding a loan of Rs. 2,25,000/- was given by him to petitioner Ajeet Kumar. For its repayment a cheque of Kshetriya Gramin Bank, Damoh no.653084 dated 27.07.08 was issued by petitioner. The cheque was presented for its clearance on 15.10.08 by respondent. The same could not be encashed as it was requested by petitioner before the bank not to allow encashment of the cheque. Thereafter a registered notice dated 25.10.08 was given to petitioner requesting him to repay the amount within a period of 15 days. As the amount was not returned, therefore, complaint case was filed. 3. Petitioner filed an application under Section 311 of the Code for examination of Receipt Clerk of Collector’s Office, Damoh which prayer was rejected learned JMFC on 04.02.14, thereafter revision filed by petitioner also met with the same fate on dated 14.03.14, hence this petition. 4. Learned counsel for the petitioner has submitted that impugned order is per se illegal as well as contrary to facts. The criminal proceedings against the petitioner were instituted with an ulterior motive to damage the image of him. Relying on the judgment of Apex Court in Natasha Singh v. CBI (State) 2013 Cr.L.J. 3346, counsel prays that impugned orders may be set aside by allowing this petition and to summon the witness as prayed vide application (Annexure B) for just decision of the case. 5. After hearing learned counsel for the petitioner and on perusal of the record, in the opinion of this Court, the petition does not deserve to be allowed. 6. It is apparent that petitioner filed an application dated 19.08.08 in the office of Collector, Damoh in receipt branch, and wanted to call the concerning clerk. 5. After hearing learned counsel for the petitioner and on perusal of the record, in the opinion of this Court, the petition does not deserve to be allowed. 6. It is apparent that petitioner filed an application dated 19.08.08 in the office of Collector, Damoh in receipt branch, and wanted to call the concerning clerk. The application which was filed in the receipt branch is not made available on record, therefore, learned trial Court vide its Order dated 04.02.14 has rightly rejected the application filed by the applicant under the provisions of Section 311 of the Code. Copy of entirely different Order dated 30.01.06 passed by another authority, Deputy Forest Officer, Damoh was filed. 7. Hence, learned trial Court has rightly come to the conclusion that this document is not relevant with the case which is related with Section 138 of Negotiable Instruments Act. 8. For the above mentioned reasons, I find no force In the petition. The petition is hereby dismissed. 9. Let a copy of this order be made available along with the record to learned JMFC immediately.