ASHISH Vs. VAIBHAV

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure [in brief "the Code"] has been filed against the order dated 05.03.2016 passed by ASJ, Indore in Criminal Revision No.110/2016, whereby affirmed the order dated 13.01.2016 passed by ACJM, Indore in Criminal Case No.29247/2014, whereby rejected the application under Section 91 of the Code.

(2.) The applicant is facing trial for the offence under Section 138 of the Negotiable Instruments Act [in brief "the NI Act"]. After examination of Non- applicant/complainant, the applicant has filed an application under Section 91 of the Code for summoning the account books; income-tax and commercial tax returns of the Non- applicant. Learned ACJM rejected the application. Applicant preferred the revision, which was also rejected. Hence, the applicant has filed this petition.

(3.) Learned counsel for the applicant submits that Non-applicant in his cross-examination admitted that he maintains account books in respect of crackers business and agriculture income and files returns in Commercial Tax Department and Income Tax Department. These documents are relevant to judge the financial capacity of the Non- applicant. In view of such admission, Court should have issued directions for producing the same. For this purpose, he placed reliance on the judgment of this Court in the case of Ajay Kumar Bharadwaj v/s Anand Vijan [2004 (II) MPWN 131]. There is a presumption under Section 139 of the NI Act in favour of the Non-applicant, therefore, to rebut such presumption, these documents are relevant. For this purpose, he placed reliance on the judgment of Hon'ble apex Court in the case of K.Subramani v/s K.Damodara Naidu [2015 (1) Crimes 48 (SC)].