ORDER

The present petition has been filed under Section 482 of Cr.P.C. to quash the order dated 28.06.2019 passed by learned Judicial Magistrate, First Class Burhanpur in SCNIA No.493/2016 Lakhmichand Vs. Yogesh Pritwani whereby application under Section 45 and 73 of the Evidence Act filed by the petitioner/accused has been dismissed. Against the impugned order a revision was preferred by the petitioner/accused before the Sessions Judge, Burhanpur, who by order dated 12.09.2019 passed in Cr.R. No. 37/2019 Yogesh Pritwani Vs. Lakhmichand has affirmed the order of learned JMFC and has dismissed the revision application.

2. The brief facts of the case are that the respondent/complainant filed a complaint case No. 493/2016 in the Court of Judicial Magistrate, First Class, Burhanpur under Section 138 of the Negotiable Instrument Act, 1881 alleging that the petitioner had issued cheque bearing number 441585 and 441586 dated 15.10.2015 and 16/11/2015 respectively for Rs. 3,00,000/- each, drawn at IDBI Bank Civil Lines, Raipur and when the said cheques were presented in Bank of India, Branch Indira Nagar, Burhanpur for encashment. Both the said cheques were returned unpaid by the IDBI Ba