YUSUF ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Miscellaneous Petition has been filed under Sec. 482 Cr.P.C. against the order dtd. 26/2/2021 passed by learned Additional District and Sessions Judge, Chidawa, District Jhunjhunu whereby in Criminal Appeal No.13/2019 titled as Yusuf Vs. Sachin, an application filed under Sec. 91 Cr.P.C., was dismissed.

(2.) Learned counsel for the petitioner submits that the petitioner had filed an application before the learned Appellate Court under Sec. 91 Cr.P.C. to summon the bank details of the complainant and get FSL of the disputed cheque but learned Appellate Court vide order dtd. 26/2/2021 wrongly dismissed the application filed by the petitioner without considering material facts. Learned counsel for the petitioner further submits that the learned Appellate Court wrongly came to the conclusion that the petitioner had not assailed the order of the learned trial Court dtd. 17/9/2018 and dismissed the application filed by the petitioner under Sec. 91 Cr.P.C. Learned counsel for the petitioner also submits that petitioner had filed miscellaneous petition before this Court but due to conviction of the petitioner by the learned trial Court, petition became infructuous. Learned counsel for the petitioner further submits that the complainant had not capacity to give a huge amount to the petitioner. He had done forgery in the cheque. So, in the interest of Justice, order of the learned Appellate Court be set-aside and income tax statements as well as order be given to the learned Appellate Court to get FSL of the disputed cheque.

(3.) Learned counsel for the petitioner has placed reliance upon the following judgments:-(1) Basalingappa Vs. Mudibasappa reported in 2019 SCC Online SC 491; (2) Survika Distributors Pvt. Ltd. Vs. S. R. Retail Zone Pvt. Ltd. reported in 2018 SCC Online Ori 92; (3) O.P. Sharma Vs. Ashok Bohara reported in 2011 SCC Online Raj 2691; (4) Hanuman Sahay Sharma Vs. Manish Dhamani in S. B. Criminal Revision Petition No.1183/2009 decided on 27/9/2012; (5) K. Subramani Vs. Damodara Naidu reported in (2015) SCC 99.