NARENDRA JETLY Vs. ASHISH SHRIVASTAVA

JUDGEMENT

(1.) HEARD on admission.

(2.) THE applicant has preferred this application under Section 482 of Cr.P.C. against the order dated 28.2.2014 passed by the JMFC Bhopal in RT No. 3280/2007 whereby the application filed by the applicant under Section 91 of Cr.P.C. was dismissed.

(3.) AFTER considering the submissions made by the learned counsel for the applicant, no description was asked from the complainant that in the year 2003 -04 what was the total amount given by him to the applicant. Similarly, no description was obtained for the year 2004 -05. The respondent was getting his income by various stock market work and being a fund manager. Therefore, it is not necessary that he would have filed income tax returns. Under such circumstances, income tax returns of the respondent are not relevant to prove the defence of the applicant. Under such circumstances, requisition of income tax returns for two years is not at all relevant for the defence of the applicant. The learned JMFC has rightly dismissed the application of the applicant under Section 91 of Cr.P.C. There is no illegality or perversity visible in the impugned order passed by the learned JMFC Bhopal so that any interference can be done by invoking inherent powers of this Court under Section 482 of Cr.P.C. Consequently, the present petition filed by the applicant under Section 482 of Cr.P.C. is hereby dismissed at motion.