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2018 (2) TMI 1189

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..... ly after the case was fixed for his defence evidence. The document sought by the applicant are not necessary and the application under Section 91 Cr.P.C has been filed to delay the proceedings - application dismissed. - CR. R. No. 3858 of 2017 - - - Dated:- 15-2-2018 - G. S. Ahluwalia, J. Shri Rajendra Kumar Gupta, learned counsel for the applicant Shri Vipin Mishra, counsel for the respondent ORDER This Revision under Section 397/401 of the Code of Criminal Procedure has been filed against the order dated 21.11.2017 passed by Judicial Magistrate First Class, Bhopal in R.T No. 10882/2015 by which the application filed by the applicant under Section 91 of the Cr.P.C has been rejected on the ground that the said appli .....

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..... ernal electrocution work, if any. 6) Details in respect of completion of contract in Dream City, Balajipuram issued, if any 7) Balance sheet for latest three years, if any 8) Income Tax Returns for the financial years 2012-13, 2013-14, 2014-15 and 2015-16. 9) Sales Tax/Service Tax returns for above period, if any. 10) Copy of list of materials used in external electrification of Dream City, Balajipuram, Sehore together with copy of following invoices, if any i) Towards purchase of electrical pole from Topaz Traders, Bhopal. ii) Towards purchase of 11/0.433 Kv Electrical Transformer from Star Delta Transformers Limited, Bhopal. iii) Towards purchase of cable tray from Mukesh Electricals and Ash .....

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..... hall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque of the nature referred to in section 138 for the discharge, in whole or in part, of any debt or other liability. From the plain reading of this Section it is clear that once it is proved that cheque in question has been issued by the drawer of the Cheque then it shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque in discharge of any duty or liability. In the present case the applicant has not disputed his signatures on the cheque in question. On the contrary his defence is that the said cheque was issued by way of security. The case of the complainant is that he had performed certain works of e .....

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