VIJAY KUMAR GHAI Vs. PRITPAL SINGH BABBAR

JUDGEMENT

(1.) Prayer in this petition is for setting aside the orders dated 27.10.2016 (Annexure P-7) and 21.11.2016 (Annexure P-10), passed by the trial Court in Complaint No. 8341/2013 dated 21.03.2012 titled as Pritpal Singh Babbar vs. Vijay Kumar Ghai, vide which an application filed by the petitioner/accused under Section 311 Cr.P.C. was dismissed and the prayer of the petitioner to produce on record the income tax returns of the complainant/respondent was declined.

(2.) Brief facts of the case are that respondent/complainant has filed a complaint under Section 138 of the N. I. Act against the petitioner on account of dishonouring of a cheque of Rs. 11 Lakh, which was allegedly given by the petitioner for repaying the said loan.

(3.) Learned counsel for the petitioner has submitted that as per the allegations in the complaint, the complainant has stated that he had advanced a loan of Rs. 11 Lakh to the petitioner/accused on 05.03.2008 by way of a demand draft and the petitioner was paying the interest of Rs. 8,250/- per month to clear the loan amount by February, 2012. It is further stated in the 1complaint that the petitioner was regularly paying the quarterly interest of Rs. 24,750/- to the complainant.