HEMRAJ NAMA Vs. M/S. GOYAL GENERAL STORE.

JUDGEMENT

(1.) This revision petition under Section 397/401 Crimial P.C. has been filed against the order dated 15.01.2013 passed by learned Session Judge, Sawai Madhopur(hereinafter referred to as 'the Appellate Court') in Criminal Appeal No. 47/2012, whereby the Appellate Court has dismissed the application preferred by the petitioner-appellant under Sec. 91 Crimial P.C. for summoning the Ledger Books of respondent firm of financial year 2005-06 and 2006-07 from the respondent-complainant.

(2.) Brief facts of the case are that the respondent-complainant filed a complaint under Sec. 138 N.I. Act before learned Chief Judicial Magistrate, Sawai Madhopur against the present petitioner in respect of dishonour of cheque of INR 20,000.00. After the trial, learned Chief Judicial Magistrate, Sawai Madhopur convicted and sentenced the petitioner under Sec. 138 N.I. Act to six months simple imprisonment and fine of INR 5,000.00 vide judgment dated 03.04.2012. The petitioner preferred an appeal before the learned Appellate Court against the judgment dated 03.04.2012. During pendency of the appeal, the petitioner filed an application under Sec. 91 CR.P.C. for summoning the documents regarding ledger books of respondent firm of financial year 2005-06 and 2006-07. The respondent filed reply to the application inter alia stating therein that the application has been filed by the petitioner only to delay the proceedings. Learned Appellate Court after considering the arguments of the parties, vide order dated 15.01.2013 dismissed the application filed by the petitioner under Sec. 91 Crimial P.C. Being aggrieved by the order dated 15.01.2013, this revision petition has been filed by the accused-petitioner before this Court.

(3.) Learned counsel for the petitioner-accused vehemently submitted that order passed by the Appellate Court is illegal and liable to be quashed and set aside. The documents were necessary for just and proper decision of the appeal. The learned Court below has not considered the matter in the true prospect and committed illegality in dismissing the application filed by the petitioner. Ledger books of the respondent firm of financial year 2005-06 and 2006-07 are very much relevant for just and proper adjudication of the aforesaid appeal.