Prakash Vs. Sanjay

Prakash vs Sanjay

Type Court Judgment Court Madhya Pradesh Decided Dec 03, 2012

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https://sooperkanoon.com/case/1051109

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Citation: sooperkanoon.com/1051109
Court: Madhya Pradesh High Court
Decided On: Dec 03, 2012
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Prakash

Respondent

Sanjay

Excerpt

misc.cr.c.no.12030/2012 03.12.2012 shri r.k.mishra, adv.for the applicant. shri vinot fauzdar pl for respondent no.2 /state. heard on the point of admission. this is a petition u/s 482 of the code of criminal procedure. the petitioner is aggrieved by the order dated 23.4.2011, passed by the additional sessions judge (fast track court) burhanpur (presided in over by ku. sunita siril barlo) in criminal revision no.122/2011 affirming the order dated 16.11.2011 passed by j.m.f.c.burhanpur in criminal case no.3619/10 whereby an application u/s 45 of the evidence act was rejected. in that case, cognizance of the offence u/s 138 of the negotiable instruments act, 1881 has been taken upon a complaint made by respondent no.1. section 139 of the negotiable instruments act, 1881 creates a statutory presumption in favour of holder of dishonoured cheque and the burden is on the accused to rebut the presumption. however, fact of the matter is that application for forwarding the cheque to hand-writing expert for opinion was made even before entering into defence. in this view of the matter, the petition is disposed of with the o to the petitioner to apply at the stage of defence for sending the cheque to hand writing expert for examination and opinion. needless to say, that if such an application is moved, it shall be considered in the light of the guideline laid down in g. someshwar rao v. samineni nageshwar rao ((2009) 14 scc 677).petition disposed of with the aforesaid o certified copy as per rules. (m.a.siddiqui) judge ag/

Full Judgment

Misc.Cr.C.No.12030/2012 03.12.2012 Shri R.K.Mishra, Adv.for the applicant.

Shri Vinot Fauzdar PL for respondent No.2 /State.

Heard on the point of admission.

This is a petition u/s 482 of the Code of Criminal Procedure.

The petitioner is aggrieved by the order dated 23.4.2011, passed by the Additional Sessions Judge (Fast Track Court) Burhanpur (Presided in over by Ku.

Sunita Siril Barlo) in Criminal Revision No.122/2011 affirming the order dated 16.11.2011 passed by J.M.F.C.Burhanpur in Criminal Case No.3619/10 whereby an application u/s 45 of the Evidence Act was rejected.

In that case, cognizance of the offence u/s 138 of the Negotiable Instruments Act, 1881 has been taken upon a complaint made by respondent No.1.

Section 139 of the Negotiable Instruments Act, 1881 creates a statutory presumption in favour of holder of dishonoured cheque and the burden is on the accused to rebut the presumption.

However, fact of the matter is that application for forwarding the cheque to hand-writing expert for opinion was made even before entering into defence.

In this view of the matter, the petition is disposed of with the o to the petitioner to apply at the stage of defence for sending the cheque to hand writing expert for examination and opinion.

Needless to say, that if such an application is moved, it shall be considered in the light of the guideline laid down in G.

Someshwar Rao v.

Samineni Nageshwar Rao ((2009) 14 SCC 677).Petition disposed of with the aforesaid o Certified copy as per rules.

(M.A.Siddiqui) JUDGE Ag/

Same Court & Year Madhya Pradesh · 2012 Same Parties Prakash vs Sanjay Same Subject Land Acquisition