MAYANK SHARMA Vs. VISHAL SHARMA

JUDGEMENT

(1.) Heard on admission.

(2.) This petition has been filed by the petitioner/accused under Art. 227 of the Constitution of India against the order dated 29.11.2017 passed by the Judicial Magistrate First Class, Bhopal in RCT/9808370/2012 whereby the petitioner's application under section 91 of Crimial P.C. 1973 for production of income tax return of the complainant has been rejected.

(3.) In brief the facts of the case are that a private complaint under section 138 of the Negotiable Instruments Act has been filed by the respondent against the petitioner in the Court of JMFC Bhopal wherein the petitioner has filed an application under section 91 of Crimial P.C. 1973 with a prayer that the complainant be directed to produce the income tax returns for the year 2011-12 and 2012-13, as the defence of the accused is that the complainant had no money to pay him and has made a false admission in his statement before the Court that he had received Rs. 6,40,000.00 as income. Thus in order to ascertain proper income of the petitioner, the aforesaid income tax returns have been sought in his defence. Learned counsel for the petitioner has vehemently argued before this Court and has submitted that the learned JMFC has erred in dismissing the petitioners application and has not exercised jurisdiction properly. In support of his contention, learned counsel for the petitioner has relied upon the judgment of the Hon'able High Court of Madhya Pradesh Apex Court in the case of Laxmi Dyechem Vs. State of Gujarat and others, reported in (2012) 13 SCC 375.