JALIL MOHAMMED Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) This Criminal Misc. Petition under Section 482 Cr.P.C ha been filed by the petitioner against the order dated 9.4.2014 passed by the Sessions Judge, Jodhpur Metropolitan (for short 'the Revisional Court hereinafter), whereby the revision petition filed by the petitioner has been dismissed as not maintainable. The petitioner has also challenged the order dated 12.3.2014 passed by the Judicial Magistrate (N.I. Act Cases) No. 9, Jodhpur Metropolitan in Criminal Case No. 7413/2009, whereby the application filed by the petitioner under Section 91 Cr.P.C. in the proceedings under Section 138 of the Negotiable Instrument Act pending against him, has been rejected.

(2.) The Trial Court, while rejecting the application under Section 91 Cr.P.C has observed as under:

(3.) From perusal of the order of the Trial Court, it is clear that the petitioner has never disputed the fact that he is liable to repay the loan amount advanced to him by the complainant and on many occasions, he made part payment to the complainant. After seeking time from the Court, for the purpose of entering into compromise on several occasions and after making part payment, the petitioner filed the application under Section 91 Cr.P.C. and prayed for summoning of the documents relating to the loan transaction executed between him and the complainant.