Madhya Pradesh High Court
Dharmendra Saxena vs Vardhman Jain on 2 November, 2022
Author: Anand Pathak
Bench: Anand Pathak
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
MCRC No. 50117 of 2022
(DHARMENDRA SAXENA Vs VARDHMAN JAIN)
Dated : 02-11-2022
Shri Manish Saxena, learned counsel for petitioner.
Heard on admission and interim relief.
The instant petition under Section 482 of Cr.P.C. has been preferred by
petitioner taking exception to the order dated 11.10.2022 passed by the Fifth
Additional Session Judge, Guna (Madhya Pradesh) whereby revision preferred
by petitioner has been dismissed and order dated 10.09.2022 passed in Case
No.349/2016 passed by the Judicial Magistrate First Class, Guna is being
affirmed. Through impugned order passed by learned Judicial Magistrate First
Class, Guna application for calling Branch Manager of State Bank of India as
defence witness has been rejected.
It is the submission of learned counsel for petitioner that cheque was
allegedly issued by petitioner/accused and thereafter it was dishonored,
therefore complaint under Section 138 of the Negotiable Instrument Act was
filed. Memo intimating the dishonor of cheque nowhere referred any account
number, name and other particulars of petitioner so as to infer that the cheque
was drawn by him. Besides that, memo contains two reasons; (i) stopped by
drawer (ii) insufficient funds.
According to bank guidelines, both the reasons cannot be mentioned in
the memo issued by the Bank. It is contrary to the guidelines. Therefore, calling
of the Branch Manager of State Bank of India was in the interest of justice. He
fairly submits that some delay has been caused in complaint and therefore, he is
ready to pay the appropriate cost in this regard.
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Heard.
Issue notice to the respondent on payment of process fee through
Registered A.D. within a period of three working days else the petition shall stand dismissed without reference to this Court. Notice returnable within four weeks.
Till the next date of hearing, proceedings pending before the trial Court shall remain stayed.
List the case on 12.12.2022 at Item No.1. It is made clear that if respondent is served, then petition shall be heard and decided on the next date of hearing.
(ANAND PATHAK) JUDGE AK/-
ANAND KUMAR 2022.11.02 19:16:27 +05'30'