GOPAL GUPTA Vs. ANIL KUMAR JAIN

JUDGEMENT

(1.) This petition has been preferred under Section 482 of Cr.P.C against the order dated 07.11.2012 passed by learned IVth Additional Sessions Judge, Gwalior in Criminal Revision No.386/2012 whereby prayer of summoning of income tax return of the complainant has been disallowed by the learned trial Court vide order dated 09.08.2012 passed in Criminal Case No.16039/2010 has been confirmed.

(2.) The brief facts of the petition are that respondent has filed a criminal complaint alleging that the petitioner borrowed Rs.14,80,000/- from the respondent and issued a cheque bearing No.347685 in favour of respondent which was dishonoured. The aforesaid complaint was registered as Criminal Case No.16039/2010. During the cross examination the petitioner filed an application under Section 91 of Cr.P.C praying that the income tax return of the respondent may be summoned from him as the complainant/respondent has admitted in his cross examination that he informed to the Income Tax Officer regarding his income and the disputed amount given to the petitioner. A copy of the application was supplied to the respondent. The case was fixed for further cross examination on 17.07.2012. On this date respondent could not present in the trial Court, therefore, the learned trial Court fixed two dates i.e. 27.07.2012 for argument on application and 09.08.2012 for further cross examination of the respondent. On 27.07.2012 the Presiding Officer was on leave, therefore, arguments could not be heard. On next date i.e 09.08.2012, it came in the knowledge of the petitioner that the application under Section 91 of Cr.P.C, had been rejected without hearing the parties. Therefore, petitioner has preferred revision, which has been rejected holding that it is not maintainable.

(3.) It is submitted that the revision petition has been rejected on the technical ground and opportunity of hearing was not given to the petitioner. It is further submitted that the learned trial Court passed the order in a mechanical manner, which is non speaking.