Justice Sanjay Karol, Judge(Oral)

Petitioner has assailed the order dated 3.12.2011 passed by Judicial Magistrate 1st Class, Rajgarh, in Cr. Misc. Application No.108/4 of 2011, filed in case No.31/3 of 2010/2005, titled as Shyam Lal versus Vijay Kumar.

2. In the year 2005, respondent Shri Shyam Lal Chauhan (hereinafter referred to as the complainant) filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘Act’) against the present petitioner Shri Vijay Kant Sharma (referred to as the petitioner). Notice in the complaint was issued and complainant’s evidence recorded. It is a matter of record that entire evidence of the complainant stands recorded by the Court on 18.11.2011.

3. Statement of complainant Shri Shyam Lal Chauhan (CW-2) was recorded on 27.9.2011. He was also cross-examined by the learned counsel for the petitioner on the very same day. In his cross-examination, complainant deposed that payments made to the petitioner stood reflected by him in his books of accounts as also Income Tax Returns so filed by him for the relevant year.

4. After recording of complete evidence of the complainant’s witnesses on 18.11.2011, petitioner filed a