ASHISH GUPTA Vs. PARSHANT CHAUDHARY

JUDGEMENT

(1.) Reply filed. Copy supplied.

(2.) Through this application under Sec. 391 Cr.P.C., read with Sec. 311 Cr.P.C. to lead additional evidence, the applicant has sought pruduction of his Income Tax Returns for the year 2011-12, 2012-13 and 2013-14 as Annexure A-I (Colly) as well as of his wife namely Ritu for the year 2012-13 and 2013- 14 as Annexure A-2 (Colly), agreement dtd. 27/7/2012 as Annexure A-3 along with receipts to show source and capacity of the petitioner to advance loan of Rs.8,50,000.00 to respondent.

(3.) Learned counsel contends that aforesaid documents are very much necessary for effective adjudication of the case inasmuch as the trial Court has erroneously dismissed the complaint of the petitioner under Sec. 138 of Negotiable Instruments Act, 1881, (in short as 'Act') on the ground that applicant/appellant could not prove his capacity to pay alleged loan to the respondent.