Suresh Singh vs Satinder Singh

N.K. Gupta, J.—Heard the learned counsel for the parties. The applicant has challenged the little portion of order dated 25.9.2008 passed by the learned JMFC, Khandwa in criminal case No. 2678/2008, whereby the application u/s 311 of the Cr. P.C. filed by the applicant was dismissed.

The facts of the case, in short, are that, the trial against the applicant is going on for offence punishable u/s 138 of the Negotiable Instruments Act. The applicant examined himself u/s 315 of the Cr. P.C. Thereafter, he moved an application to get some documents relating to sale of the tractor that there was no amount due from the side of the applicant and therefore, there was no need to issue the cheque. However, the application u/s 311 of the Cr. P.C. filed by the applicant was dismissed by the trial Court.

After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, it is apparent that the application filed by the applicant u/s 311 of the Cr. P.C. was dismissed by the trial Court and thereafter, the revision filed by the applicant was also dismissed on 17.1.2008. Thereafter, the applicant preferred a fresh application u/s 311 of the Cr. P.C. and therefore, the trial Court opined that the repeat application of the applicant cannot be accepted.

It is apparent that the applicant did not show such documents to the prosecution witnesses in their cross-examination. He was examined u/s 313 of the Cr. P.C. as well he was examined on oath as per his own application but, he did not produce such documents in his evidence. Thereafter, his application u/s 311 of the Cr. P.C. was dismissed and revision was also dismissed. The applicant did not prefer any petition u/s 482 of the Cr. P.C. against the order passed by the revisionary Court and therefore, that order attained the finality. Under such circumstances, where the criminal Court has no power of review, second application u/s 311 of the Cr. P.C. could not be entertained by the trial Court. At present, no illegality or perversity is visible in the impugned order, by which the trial Court has dismissed the application of the applicant u/s 311 of the Cr. P.C. Under such circumstances, there is no basis by which any interference can be done in the revision filed by the applicant.

Consequently, the revision filed by the applicant is hereby dismissed. The order dated 25.9.2008 passed by the learned JMFC, Khandwa relating to application u/s 311 of the Cr. P.C. filed by the applicant is hereby confirmed.

Interim order, if any, granted by this Court is also hereby vacated. A copy of the order be sent to the trial Court with the direction that case may be disposed off as early as possible.