- (1.) HEARD Mr. Mirza, the learned counsel for the petitioner, Mr. Sonare, learned A.P.P. for respondent no. 1 and Mr. Bhalerao, learned Advocate for respondent no.2.
(2.) RULE. Heard forthwith by consent of the learned counsel for the parties. By this petition under Article 227 of the Constitution of India the petitioner who is the complainant in Complaint Case No. 2027/2001 filed by him against respondent no.2 herein alleging offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as .the Act.) challenges the order dated 22nd June, 2006 passed by the First Ad hoc Additional Sessions Judge, Yavatmal in Criminal Revision No. 61/2005 filed against the orders dated 27th July, 2005 and 26th August 2005 passed by the 3rd Judicial Magistrate, First class, Yavatmal in Criminal Case No. 2027/2001.
(3.) THE petitioner had filed the above case against the respondent no.2 for dishonour of the cheque dated 31.5.2001 for Rs.26,000/- issued by respondent no.2. During the verification memos dated 10.7.2006 issued by Bank of India on which the accused had drawn the cheque and the memo dated 11.7.2006 issued by Yavatmal Urban Cooperative Bank in which the complainant has deposited the said cheque were produced. However, the same were not exhibited either during verification or during recording of evidence after the process was issued against the accused. After the statement of the accused was recorded under Section 313 of Cr.P.C. the application to examine the Bank Manager was made which was dismissed and thereafter the complainant filed an application to exhibit both the memos which came to be also dismissed by the Magistrate. The revision preferred against the said order of the Magistrate was also dismissed.;