PREMBABU JAIN Vs. DEVENDRA KUMAR CHAUDHARY

JUDGEMENT

(1.) This application under Section 482 of Cr.P.C. has been filed against the order dated 21.7.2016 passed by JMFC, Gwalior in Complaint Case No.1895/2015 by which the application filed by the applicant under Section 91 of Cr.P.C. has been rejected, by which the applicant had prayed for a direction to the respondent/complainant to produce his income tax returns so as to establish that he was having sufficient funds to pay to the applicant.

(2.) The necessary facts for the disposal of the present application in short are that the complainant/respondent has filed a criminal complaint under Section 138 of Negotiable Instruments Act on the allegation that he had given an amount of Rs.18,90,000/- by way of loan to the applicant and after repeated request, he gave two cheques of Rs.4,50,000/- and Rs.4,45,000/- with assurance that the respondent may present the same and same will get encashed. Accordingly the respondent presented the cheques which were returned by the Bank on the ground of "insufficient funds". After issuing the notice under Section 138 of Negotiable Instruments Act, the respondent filed a complaint under Section 138 of Negotiable Instruments Act against the applicant.

(3.) The applicant filed an application under Section 91 of Cr.P.C. seeking a direction to the complainant/respondent to produce his income tax returns so as to find out that whether the respondent had any sufficient funds to pay Rs.18,90,000/- to the applicant or not?