SAU RAM Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Crimial P.C. has been filed by the petitioner being aggrieved with the order dated 26.6.2014 passed by the Sessions Judge, Jaisalmer (hereinafter referred to as the Revisional Court) and the order dated 28.1.2014 passed by the Judicial Magistrate, First Class, Jaisalmer (hereinafter referred to as the Trial Court).

(2.) The proceedings under Sec. 138 of Negotiable Instruments Act, 1881 are pending against the petitioner in the Trial Court and in the said proceedings petitioner has moved an application under Sec. 91, Crimial P.C. and prayed that the cash-book and ledger of the complainant-respondent No. 2, regarding the transactions between him and the respondent No. 2, be summoned. In reply to the application under Sec. 91 Crimial P.C. the respondent No. 2 has informed the Court that the cash-book and ledger sought to be summoned by the petitioner are no more in existence and the same has been destroyed by him.

(3.) The Trial Court after taking into consideration this aspect of the matter has rejected the application of the petitioner while observing that if in future the complainant-respondent No. 2 reply upon the said cash-book and ledger then adverse inference will be taken against him.