Madhya Pradesh High Court
Vijay Gupta vs The State Of Madhya Pradesh on 11 July, 2019
1 MCRC-22739-2019
The High Court Of Madhya Pradesh
MCRC-22739-2019
(VIJAY GUPTA Vs THE STATE OF MADHYA PRADESH)
4
Gwalior, Dated : 11-07-2019
Shri Ravi Ballabh Tripathi, learned counsel for the applicant.
Shri H.D. Tripathi, learned PP for the respondent/State.
Shri Atul Sharma, learned counsel for the complainant.
Through narration of pleadings, complainant informed this Court that applicant initially paid demand draft of Rs.45,000/- (out of total liability of Rs.57,000/-) because cheque given by the applicant got dishonoured. Surprisingly, the said demand draft was retracted by the applicant immediately after issuance while going before the Bank and making submission that he lost his demand draft, therefore, money be given to him whereas demand draft was deposited in the appellate Court because complainant preferred appeal against the said order of trial Court whereby demand draft of Rs.45,000/- was directed to be paid to the complainant by the applicant. Since the matter was pending in appeal and decided in 2015 and thereafter matter travelled to this Court and decided in 2018 vide M.Cr.C.No.1070/2018 in which order passed by the trial Court stood confirmed. In other words, applicant had to pay Rs.57,000/- in total.
Learned counsel for the applicant could not dispute the said fact. It appears from the proceeding that the applicant has made misstatement before the Bank for retrieval of demand draft of Rs.45,000/- on the pretext that demand draft has been lost whereas demand draft was received by the complainant and since he preferred appeal, therefore, demand draft has been placed with the appellate Court. This aspect has trappings of tampering with the "Administration of Justice" and making false submission before the concerned authority.
At this juncture, learned counsel for the applicant seeks some time to seek instruction to pay amount due to the complainant.
Matter is placed on 15-07-2019.
(ANAND PATHAK) JUDGE Anil* Digitally signed by ANIL KUMAR CHAURASIYA Date: 2019.07.12 07:19:16 +05'30'