M/S Jain Enterprises Thr vs Rajesh Jain
2022 Latest Caselaw 1756 MP

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            HIGH COURT OF MADHYA PRADESH
                         MCRC-4642/2019
              (M/s. Jain Enterprises Vs. Rajesh Jain)

Gwalior, Dated: 8.2.2022
      Shri Ranjeet Khanvilkar, learned counsel for the petitioner.

      Shri Naval Chaturvedi, learned counsel for the respondent.

Heard learned counsel for the parties on the petition of the

petition under Section 482 of Cr.P.C. filed against the order dated

11.1.2019 passed in Criminal Revision No.369/2018 by 15th

Additional Sessions Judge, Gwalior, whereby revision filed against

order dated 28.9.2018 passed by the JMFC, Gwalior, in Criminal

Case No.1521/2013 closing the right of the petitioner to adduce

defence evidence has been dismissed.

Brief facts of the case are that respondent/Rajesh Jain has filed

a complaint under Section 138 of the Negotiable Instruments Act

against the petitioner alleging therein that on 3.12.2012 petitioner

took a loan of Rs. three lacs at the interest of 2% per month for his

marriage. For the repayment of loan, petitioner gave cheque

No.451467 dated 27.12.2012 amounting to Rs.3,06,000/- of

Cooperative Bank, Gwalior, in favour of the respondent. After

presenting the said cheque for encashment, it was dishonoured with a

note "Fund insufficient". Thereafter, respondent gave a notice on

4.1.2013 to the present petitioner for payment of the aforesaid

amount. Notice was received on 7.1.2013, but despite notice

petitioner did not pay the aforesaid amount. Thereafter, he filed a

complaint. Complaint was registered. Respondent filed his affidavit

and from the side of petitioner, he was cross-examined at length.

Statement of the petitioner/accused was taken. Since 25.4.2016 for

the last more than five years the case was fixed for defence evidence,

but despite giving several opportunities, petitioner could produce a

single witness in his defence. Thereafter, on 28.9.2018 his right to

lead defence evidence was closed and matter was fixed for arguments.

After hearing arguments on 30.1.2019 the case was fixed for

judgment on 11.2.2019. On this date, petitioner filed certified copy of

M.Cr.C.No.4642/2019 dated 7.2.2019 by which proceeding of

Criminal Case No.1521/2013 pending in the Court of 15 th ASJ,

Gwalior, has been stayed. The trial Court gave an opportunity to the

petitioner for correction in the said order with a direction that if by

the next date petitioner does not file any corrected order, then it will

be deemed that proceeding of this Court are not stayed and judgment

can be pronounced. After closing of his right by trial Court,

petitioner filed a revision before the Revisional Court which was also

dismissed vide order dated 11.1.2019.

Looking to the facts that respondent has filed a complaint

against present petitioner on 1.2.2013 under Section 138 of the

Negotiable Instruments Act and after examination of accused case has

been regularly fixed from 25.4.2016 for defence evidence, in the

considered opinion of this Court, sufficient time has been given to the

petitioner, despite that, he could not produce any evidence. In such

circumstances, petitioner is not entitled for any relief. His sole object

is to delay the proceeding of the trial Court. Hence, this petition is

dismissed.

(Deepak Kumar Agarwal) Judge ms/-

MADHU SOODAN PRASAD 2022.02.10 10:08:53 +05'00'