Order On Board

03/08/2015

1. Heard on admission.

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2. Challenge in this petition is to the order dated 18 June 2015 th passed by 9 Additional Sessions Judge, Raipur (C.G.) in Criminal Revision No. 46/2015 whereby an order passed by the Judicial Magistrate First Class dated 11/12/2014 in Criminal Complaint No.4245/2014 under Section 138 of Negotiable Instrument Act, 1881 was under challenge by the petitioner.

3. Learned counsel for the petitioner contended that in criminal complaint under Section 138 of Negotiable Instrument Act was filed by the respondent Smt. Varsh Daga. The counsel would submit that after entering appearance in such complaint, an application under Section 91 of Cr.P.C. was filed by the petitioner and the balance sheet of the complainant (respondent) and Income Tax Return of the complainant (respondent) was called for. It was further prayed that since under the Chhattisgarh Money Lenders Act, 1934 the complainant was under obligation to maintain the account and get the registration through the Tahsildar and in absence of that liability can not be enforced. Learned counsel further contended that according to Section 11 of the Money Lenders Act, the registration is comp