PREM KUMAR Vs. RAJNISH

JUDGEMENT

(1.) The petitioner has filed the present petition under Sec. 482 of Cr.P.C being aggrieved by the order dtd. 8/6/2019 and 6/7/2019 passed by JMFC, Dewas in Criminal Case No.329/2018 whereby the learned trial Court has rejected the applications moved by the petitioner under Sec. 91 of Cr.P.C.

(2.) Facts of the case in short are that the respondent has filed a private complaint under Sec. 138 of N.I. Act against the petitioner on 1/5/2018 being proprietor of M/s RR Stone. As per the complaint the petitioner being a colonizer had purchased material from the complainant and also hired the services of the JCB Machine, Dumper etc. pursuant to which the petitioner has issued a Cheuqe No.035942 dtd. 25/3/2018 for payment of Rs.30.00,00,000.00 in favour of the complainant. On being presented, the cheque was dishonored due to 'insufficient funds'. Thereafter, a complaint was made on behalf of the complainant and also served a legal notice on 4/4/2018 to the petitioner and since no payment was made by the petitioner, the complaint has been filed by the respondent for recovery of the said amount.

(3.) Based upon the said complaint, the learned trial court took cognizance against the petitioner on 1/5/2018 and petitioner appeared in the matter on 10/7/2018 and thereafter, the charge under Sec. 138 of N.I. Act was framed. Thereafter, the petitioner has filed an application under Sec. 91 of Cr.P.C. before the learned trial Court for producing Income Tax Returns and Balance sheet etc, but the learned trial Court vide order dtd. 8/6/2019 has dismissed the application of the petitioner by observing that the stage of the case. Thereafter,the petitioner has also moved another application under Sec. 91 of Cr.P.C. for production of the ITR, Balance Sheet and to show the transaction between the petitioner and the complainant, but the learned Court below has dismissed the application vide order dtd. 6/7/2019 in absence of counsel for the petitioner. Hence, the present petition before this Court.