SURENDRA PEWA Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) This Criminal Miscellaneous petition under Sec. 482 Crimial P.C. has been filed by the petitioner being aggrieved with the Order dated 4.2.2015 passed by the Metropolitan Magistrate No. 9, Jodhpur Metropolitan (hereinafter referred to as 'the Trial Court'), whereby the application filed by the petitioner under Sec. 91 Crimial P.C. has been dismissed. The Revision Petition filed by the petitioner against the Order dated 4.2.2015, has been dismissed by the Sessions Judge, Jodhpur Metropolitan (hereinafter referred to as 'the Revisional Court') vide Order dated 12.2.2015 as being not maintainable.

(2.) Brief facts of the case are that the proceedings under Sec. 138 of Negotiable Instrument Act are pending against the petitioner in the Trial Court. The prosecution evidence was completed on 29.10.2013 and, thereafter, on 18.1.2014, the statements of the accused petitioner were recorded under Sec. 313 Crimial P.C. On 27.6.2014, the opportunity of producing defence was closed by the Trial Court and the matter was fixed for final heating.

(3.) On 13.11.2014, final arguments of the parties concerned were heard by the Trial Court and the matter was fixed for decision on 19.11.2014, however, a day prior to the date of pronouncement of judgment by the Trial Court i.e. 18.11.2014, Counsel for the petitioner had moved an application under Sec. 91 Crimial P.C. and prayed that the original death certificate of the grandfather of the complainant and the bank statement of the complainant be summoned. The Trial Court after hearing the Counsel for the parties, has rejected the said application while observing that the petitioner has failed to demonstrate before the Court that how the documents sought to be summoned by him are necessary and desirable for the trial of the case. The Trial Court has also observed that the application under Sec. 91 Crimial P.C. filed by the petitioner is highly belated as the recording of prosecution evidence was completed on 29.10.2013 and, thereafter, the statements of accused petitioner were recorded under Sec. 313 Crimial P.C. on 18.1.2014. The matter was finally heard by the Trial Court on 13.11.2014 and it was fixed for decision on 19.11.2014. The petitioner had moved the application on 18.11.2014, whereas he had all the opportunity to move the said application after completion of the prosecution evidence. After observing this, the Trial Court has rejected the application filed by the petitioner under Sec. 91 Crimial P.C. with the cost of Rs. 3,000.00.