- (1.) THIS Misc. petition under Sec tion 482, Cr. P. C. has been filed against the order dated 4.11.2011 whereby the trial Judge has dismissed the application filed by the present petitioner under Section 73 of the Indian Evidence Act for ascertaining the life of the cheque and revision has also been dismissed by the competent court.
(2.) THE contention of the present petitioner is that proceedings under Section 138 of the Negotiable Instruments Act are pending against him. He has admitted that he has given the disputed cheques to the complainant but, at the same time, he has pleaded that he repaid the amount in 1995 to 1999 and thereafter also given a legal notice to the complainant. The complainant has misused the cheques in 2001 and 2002 and hence his application under Section 73 of the Indian Evidence Act deserves to be allowed. A bare perusal of the impugned order goes to show that the present petitioner has admitted the signatures and amount on the impugned cheques. Earlier the application under Section 73 of the Indian Evidence Act has been submitted by the present petitioner which was dismissed on 27.7.2006. Revision is also preferred which was also dismissed, hence, this second petition is totally misconceived, looking to the fact that that the present petitioner is taking chance before the trial court for producing defence evidence since 20.10.2005.
(3.) THE learned counsel for the petitioner has placed reliance upon the judgment reported in the case of Dev Prakash Paliwal v. State of Rajasthan & Ann, 2008 (4) WLC 202 : (AIR 2008 (NOC) 2019 (Raj)) where the accused pleaded for loss of three cheques and loss re port was made to the Bank and hence the application was allowed. In the present case, the facts are quite different and the learned trial court and the revisional court have specifically stated that the present petitioner is only delaying the proceedings which are pending since long and when the petitioner has admitted the amount and signatures on the cheques, this petition is totally misconceived and the same is liable to be rejected.;