Rajasthan High Court - Jaipur
Devendra Singh Son Of Shri Budh Ram Jat, ... vs State Of Rajasthan Through P.P on 30 January, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6265/2018
Devendra Singh Son Of Shri Budh Ram Jat, By Caste Jat, Resident Of
Village Mohanpur, Police Station Nangal Choudhary, District
Mahendragarh (Haryana)
----Petitioner
Versus
1. State Of Rajasthan Through P.p., Rajasthan
2. Shamsher Singh Son Of Shri Veer Singh By Caste Jat, Resident
Of Village Majari Bhanda, Ps Mundawar, Tehsil Mundawar,
District Alwar (Raj.)
----Respondents
For Petitioner(s) : Mr. Ajay Gupta For Respondent(s) : Mrs. Meenakshi Pareek, P.P.
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA / Order 30/01/2019 Instant petition has been preferred under Section 482 Cr.P.C. to assail the order dated 30.11.2017 passed by the Court of A.C.J.M. Behrod District Alwar, whereby the application filed by the petitioner under Section 91 Cr.P.C. was dismissed. In the application filed under Section 91 Cr.P.C. the petitioner before the Court below prayed to requisition the complaint/application filed by the petitioner before the Deputy Superintendent of Police, Nangal Choudhary District Mahendragarh (Haryana).
It is further prayed that the order dated 22.06.2018 passed by the revisional Court below, whereby the order of the trial Court was affirmed, be also set aside.
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(2 of 2) [CRLMP-6265/2018] Briefly stated that as alleged by the complainant, the petitioner had issued a cheque, in question in favour of the complainant, which on presentation, had bounced due to insufficiency of the funds. The complainant instituted a complaint under Section 138 of the Negotiable Instruments Act for prosecution of the petitioner/ accused.
During the course of trial, the petitioner/accused filed an application under Section 91 Cr.P.C. stating therein that he had issued a blank cheque in favour of the complainant and the complainant misused the same. The petitioner/accused has further pleaded that the application (Annexure-1) was submitted by him to the Deputy Superintendent of Police, Nangal Choudhary District Mahendragarh (Haryana) praying therein that the case be registered against the complainant for misuse of the cheque. The trial Court rejected the said application. The revisional Court below affirmed the order of rejection of the application.
No interference is warranted by the third Court, as the two Courts below have opted right course. The remedy, if so advised, for the petitioner is to requisition the complaint submitted by him from the Office of Deputy Superintendent of Police, Nangal Choudhary District Mahendragarh (Haryana) by examining the official of the Office of the Deputy Superintendent of Police, Nangal Choudhary District Mahendragarh (Haryana) or Deputy Superintendent of Police, Nangal Choudhary District Mahendragarh (Haryana) at the stage of defence evidence to prove the application, so submitted.
With the observations made herein above, the present petition, being misconceived is dismissed.
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