Decided on November 27,2007

NARESH GUPTA Respondents


- (1.) THIS petition has been filed under Article 227 of the Constitution of India read with section 482 of Cr. P. C. seeking quashing of the impugned order dated 10th May, 2007 passed by learned Session Court rejecting the revision for allowing the application under section 315 Cr. P. C. which was declined by the Metropolitan Magistrate.
(2.) THE brief facts of the present case are that respondent herein, filed a criminal complaint under Section 138 of the negotiable Instruments Act (for short as 'act') in which the present petitioner has been facing trial. Statement of the petitioner (as an accused) has been recorded under section 313 Cr. P. C. in the proceedings before the Magistrate. Thereafter, he was afforded opportunity to lead evidence in defence but he did not examine any witness. After hearing, the Id. Magistrate had reserved the case for orders for 29th September, 06. In the meanwhile, on 22nd September, 2006, the petitioner moved an application under Section 315 Cr. P. C. and the same was dismissed by the Magistrate. Thereafter, a revision petition was filed before the Court of Session, which was also dismissed by session Court.
(3.) IT has been contended by learned counsel for the petitioner that petitioner wanted to prove original receipt for Rs. 1. 6 lakh in his favour since he had returned the entire cheques amount by way of giving cash amount to the respondent and nothing remains to be paid by the present petitioner. The respondent did not return the original cheques and became dishonest and filed the present complaint against the petitioner. The impugned order passed by the Court of Session is illegal and contrary to the law and no prejudice is going to be caused to the petitioner in any manner.;

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