RAMESH CHAND VERMA Vs. CENTRAL BANK OF INDIA
LAWS(MPH)-2015-6-75
HIGH COURT OF MADHYA PRADESH
Decided on June 15,2015

RAMESH CHAND VERMA Appellant
VERSUS
CENTRAL BANK OF INDIA Respondents

JUDGEMENT

- (1.)IN view of the order dated 26.8.2014, the order dated 30.8.2013 passed in Miscellaneous Criminal Case No.6797/2013 has been perused. This revision has already been restored vide order dated 30.8.2013.
(2.)BY invoking the supervisory powers of this Court, petitioner has preferred this petition under section 397 of Code of Criminal Procedure, 1973 (in short 'the Code') calling in question the impugned order dated 17.6.2011 passed by learned trial Court whereby the prayer of petitioner with regard to taking the deposit slips on record and further cross -examine the complainant has been turned down.
(3.)PETITIONER has preferred this petition seeking following relief:
''By allowing this petition, the order dated 17.6.2011 passed by learned trial Court be quashed and trial Court be directed to take the deposit receipts dated 10.10.2007 and 15.3.2008 on record and permit the petitioner to further cross -examine the complainant in relation to aforesaid deposit slips. ''

In brief, facts of the case are that respondent has filed a private complaint for the offence punishable under section 138 of Negotiable Instruments Act. After taking evidence of both the parties, learned trial Court closed the evidence and fixed the case for final arguments. At this stage, an application has been preferred by the petitioner/accused to take the deposit slip bearing No.97828 dated 10.10.2007 of Rs.35,000/ - and 95702 dated 15.3.2008 of Rs.40,000/ -. This application was dismissed by the trial Court vide order dated 17.6.2011 on the ground that the case is already fixed for final arguments and it has been observed that documents in question were well within the knowledge and possession of petitioner but no reason has been assigned that why these receipts were not produced earlier.



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