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Judgment
Sharad Kumar Gupta, J
Matter appears to be arguable, hence Admitted.
Petitioner has preferred this CRMP under Section 482 of the Code of Criminal Procedure (in brevity Cr.P.C.) for setting aside the order dated
14/08/2018 passed by II Additional Sessions Judge, Korba (C.G.) in Criminal Revision No. 29/2018, whereby and whereunder he dismissed the
revision preferred by petitioner against the order of JMFC Korba dated 21/02/2018 whereby and whereunder he rejected the application filed under
Section 91 of CrPC by petitioner.
By this order I.A. No.1/2018 application for interim relief is being disposed of.
In brief, the respondent's case is that she had given Rs.1,20,000/- to petitioner. Thereafter he issued self signed cheque for a sum of Rs.1,20,000/-
ultimately which became dishonored. Despite of the notice he did not pay the said amount.
In brief, the petitioner's case is that he had given the cheque to respondent for the sum of Rs.1,50,000/- dated 31/05/2013 bearing No. 30385. When
he demanded earlier cheque issued by him but she evaded.
Petitioner filed an application under Section 91 of CrPC to prove the defense, the respondent may be ordered to supply the copy of the statement of
account or entries of passbook from 2011 onwards, return of the income tax from 2011 onwards, by respondent.
Trial Court rejected the said application. Revisional Court also dismissed the revision filed by the petitioner.
Looking to the above mentioned facts and circumstances of the case, this Court finds that prima facie case exists in favour of petitioner. Thus, the
proceedings pending before JMFC, Korba in Complaint Case No. 1970/2015 are stayed till the disposal of this Cr.M.P.
Fix this case after eight weeks. Meanwhile, respondent may file the reply.