ANANDA SEN
Ghanshyam Mehta – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Ananda Sen, J.:
1. The petitioner has prayed for quashing the order dated 08.06.2018 passed by learned Judicial Magistrate, 1st Class, Hazaribag, by which application under section 311 of the Code of Criminal procedure, filed by this petitioner, has been dismissed. He also challenged the order dated 03.08.2018 passed in Cr. Rev. No. 79 of 2018 by the Sessions Judge, Hazaribagh by which the petition challenging the order dated 08.06.2018 passed by the J.M., 1st Class, Hazaribagh, has also been dismissed.
2. Learned counsel for the petitioner submits that he had filed an application under section 311 of Cr.P.C. to call the Senior Manager Allahabad Bank, Hazaribagh to prove the fact that this petitioner had already given instruction to the Bank to stop payment of the disputed cheque, which was dishonoured on the ground of insufficiency of fund. He submits that he had already issued an instruction for stopping the payment of cheque, therefore, no proceeding could have been initiated under section 138 of the Negotiable Instrument Act. He submits that by way of defence he has to bring on record the certificates for stopping the payment of cheque. It is submitted that is necessary
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