AKSHAY KASHYAP Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The instant petition filed under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code), challenges the order dtd. 29/1/2021 passed in Criminal Revision No.09 of 2021, Akshay Kashyap vs. Rakesh, by the court of learned District and Sessions Judge, Udham Singh Nagar, (for short " the revision") by which an order dtd. 3/11/2020, passed in Criminal Case No.2244 of 2018, Rakesh Kumar vs. Akshay, passed by the court of learned Additional Chief Judicial Magistrate Kashipur, District Udham Singh Nagar, (for short "the case") has been confirmed. By the order dtd. 3/11/2020 passed in the case, an application filed by the petitioner under Sec. 91 of the Code, has been dismissed.

(2.) The case is pending under Sec. 138 of the Negotiable Instruments Act, 1888 (for short "the Act") against the petitioner. At the stage of argument an application under Sec. 91 of the Code was moved by the petitioner for requisitioning certain documents relating to the firm of the respondent no.2, who is the complainant of the case. By the order dtd. 3/11/2020 passed in the case the application has been rejected. The learned trial court in its order dtd. 3/11/2020 detailed the dates, which were fixed for defence evidence and observed that the application was moved by the petitioner for delaying the trial of the case. This order dtd. 3/11/2020 was further challenged in the revision, which has been dismissed with a cost of Rs.1.00 lakh.

(3.) The learned counsel for the petitioner would submit that the petitioner in order to prove its defence moved application under Sec. 91 of the Code for summoning certain documents, which ought to have been allowed but by rejecting the application the opportunity of defence has been closed.