Aswani Dubey vs The State Of Madhya Pradesh
2021 Latest Caselaw 5769 MP

                                   1                                    WA-488-2021
       The High Court Of Madhya Pradesh
                   WA-488-2021
             (ASWANI DUBEY Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Jabalpur, Dated : 21-09-2021
      Heard through Video Conferencing.

      Shri S.K. Pandey, learned counsel for the appellant.
      Shri    B.D.    Singh,    learned   Government      Advocate        for   the
respondents/State.

This appeal is directed against the judgment of the learned Single Judge

dated 9th of March, 2021 by which the writ petition filed by the respondent no. 7/petitioner -Rani Pathak has been disposed of with a direction to the concerned Town Inspector, Adhartal, Jabalpur to act as per law in respect of her complaint keeping in view the judgment of this Court passed in Rajendra Singh Pawar Vs. State of M.P. and others (W.P. No. 18878/2020 dated 24.12.2020.

The learned counsel for the appellant has argued that even though the appellant was impleaded as respondent no. 7 in the writ petition but without issuing notice to the appellant the aforementioned order has been passed

exparte and had the appellant been notified he would have placed before the learned Single Judge his case which according to him is founded on a criminal complaint filed against the respondent no. 7 -Smt. Rani Pathak in the year 2020 for an offence under section 138 read with section 142 of the Negotiable Instruments Act.

It is submitted that respondent no. 7/petitioner, only with a view to prepare a false defence, has filed an unfounded complaint before the Town Inspector and therefore, even while Town Inspector may take action in accordance with the ratio of the judgment in the case of Rajendra Singh (supra), he should be required to examine the defence and documents which the appellant produces before him.

Having heard the learned counsel for the appellant and having perused the impugned order and also the directions issued by the learned Single Judge 2 WA-488-2021 in para 11 of the judgment of this court rendered in the case of Rajendra Singh (supra), we dispose of this appeal with liberty to the appellant to produce his bonafide defence/documents and all materials before the Town Inspector, who shall take the same into consideration while proceeding in the matter.

With the aforesaid direction, the appeal is disposed of.

                   MOHAMMAD RAFIQ)                                 (VIJAY KUMAR SHUKLA)
                    CHIEF JUSTICE                                             JUDGE


    MSP



Digitally signed by MANVENDRA SINGH
PARIHAR
Date: 2021.09.22 16:32:37 +05'30'