VAIBHAV KHARE Vs. KAMAL KISHORE ARYA

JUDGEMENT

(1.) The applicant has filed this petition under Sec. 482 of the Code of Criminal Procedure, 1973 being aggrieved by the order dtd. 14/01/2020 passed by the Court of J.M.F.C., Bhopal in Regular Trial No.6347/2014 filed by the respondent against the applicant under Sec. 138 of Negotiable Instruments Act whereby learned trial Court has dismissed the application filed by the applicant under Sec. 145 of Negotiable Instruments Act for submitting affidavit of chief examination.

(2.) The facts giving rise to this petition, in short, are that the respondent who was complainant before the trial Court submitted a complaint under Sec. 138 of Negotiable Instruments Act against the applicant stating therein that the applicant gave a cheque amounting to Rs.4,25,000.00 in lieu of payment of goods and services availed by the applicant. When the respondent submitted that cheque in bank, the bank dishonoured that cheque and returned with an endorsement of 'insufficient amount' in the bank account of the applicant. After serving notice, when applicant failed to pay the amount within stipulated period, the respondent filed a complaint case against the applicant which was pending before the trial Court. The respondent, being a complainant, completed his evidence. The case was fixed for evidence of applicant. The applicant filed an application under Sec. 145 of N.I. Act for permitting him to file affidavit of chief examination (Annexure-P/2). The respondent filed reply of this application and prayed to dismiss that application and to direct the applicant to appear personally before the Court for adducing the evidence.

(3.) Learned trial Court after hearing both the parties, passed impugned order dtd. 14/1/2020 and after relied upon the judgment of this Court in the case of Suresh Vs. Ashok, 2008(2) MPHT 58 and the judgment of Hon'ble Apex Court in the case of Mandvi Co-operative Bank Limited Vs. Nimesh B. Thakore, 2010 (2) MPHT 397 (SC) dismissed the application filed by the applicant who was accused therein.