CAPT. ATUL KUMAR SINGH Vs. STATE

JUDGEMENT

(1.) THE respondent No. 2 has filed complaint against the petitioner herein alleging that she had given Rs. 7 lacs in cash to the petitioner. In order to discharge this liability of loan, the petitioner had issued a cheque which got dishonoured on presentation and money was not paid even after notice of demand and, therefore, complaint under Section 138 of the Negotiable Instruments Act was filed. The petitioner is summoned in the said complaint. Notice is also framed and the matter is at the stage of evidence. The complainant has completed her evidence. The petitioner (accused in the said complaint) moved application dated 15.5.2004 for summoning the record of the Income Tax department relating to the complainant. In this application, it was averred that in her cross-examination conducted on 10.10.2002 the complainant had alleged that she had filed the income tax return and disclosed the amount of Rs. 7 lacs in her income tax record and, therefore, income tax record was required to be summoned as the document filed before the income tax department was a public document within the meaning of Section 74(2) of the Evidence Act. After hearing this application, the learned MM dismissed the same on the ground that income tax return filed by the complainant before the income tax authority was not a public document and it was a document of private nature. The petitioner filed revision petition against this order which has also been dismissed by the learned ASJ vide order dated 27.7.2004, inter alia, observing as under :

(2.) CHALLENGING this order, the present petition is filed under Section 482 of the Code of Criminal Procedure. I am of the view that reasons given by the courts below are valid and no interference is called for in exercise of power under extraordinary jurisdiction.

(3.) I , therefore, do not find any merit in this petition which is dismissed.