VINITA MISHRA Vs. NAVED

JUDGEMENT

(1.) This petition under Sec. 482 of Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') has been filed against impugned order dtd. 03/01/2020 passed by the Sessions Judge, Neemuch (M.P.) in Criminal Revision No.100/2019, thereby affirming the order dtd. 18/11/2019 passed by Judicial Magistrate First Class, Neemuch (M.P.) in Criminal Case No.245/2017, whereby an application preferred under Sec. 91 of Cr.P.C. by the petitioner has been rejected.

(2.) Brief facts of the case are that the petitioner/accused is facing trial for an offence under Sec. 138 of Negotiable Instruments Act, 1881 (in short 'N.I.Act') arising out of dishonour of cheque dtd. 21/06/2016 numbered as 169156 amounting to Rs.5,00,000.00. After examination of the respondent/complainant, the petitioner has filed an application under Sec. 91 of Cr.P.C. for summoning the Account Books, Income Tax Returns, documents related with various loans obtained from Bank, Car Loan, details of expenses of marriage. After hearing both the parties, the trial Court has dismissed the application. Thereafter, the petitioner had filed a revision before the Sessions Judge, Neemuch, which was also dismissed vide order dtd. 03/01/2020. Being aggrieved by the aforesaid orders, the petitioner has preferred this petition before this Court.

(3.) Learned counsel for the petitioner submits that the impugned orders passed by the Courts below are bad in law and against the facts and circumstances of the case. The documents sought to be summoned by the petitioner are necessary documents required in her defence and have drawn nexus to the facts and circumstances of the present case. Presumption under Sec. 139 of N.I.Act is rebuttable. Documents sought to be summoned are directly relates to the financial capacity of the complainant, are required to be rebut the presumption that cheque was issued against a legally recoverable debt, therefore, it is prayed that application filed by the petitioner be allowed and respondent be directed to produce the Income Tax Returns, Account Books and details of other loan transactions.