FREDI JOSEPH HEDRI Vs. GHANSHYAM VERMA

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure (in brief "the Code") has been filed against the order passed by Judicial Magistrate First Class, Gwalior in Criminal Case No. 624/2016, whereby the Court below 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 income tax return for the year 2013-2014 of the non-applicant. Learned JMFC rejected the application. Hence, applicant has filed this petition.

(3.) Learned counsel for the applicant submits that non-applicant in his cross-examination in para No. 12 admitted that he files income tax return by explaining the income arising out of his business and other sources, how much money he earned, how much spend and also how much money he has given to the people as loan for the year 2013-2014. 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 vs. Anand Vijan (2004(II) MPWN 13). 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 Vs. K.D. Damodara Naidu [2015 (I) Crimes 48 SCC].