LAWS(RAJ)-2007-8-106

RAJ KUMAR Vs. NEELAM PATHAK AND ANR.

Decided On August 07, 2007
RAJ KUMAR Appellant
V/S
Neelam Pathak And Anr. Respondents

JUDGEMENT

(1.) Heard.

(2.) In this bunch of petitions, the point of law and facts are similar, therefore, these petitions are being disposed of together by this common order.

(3.) In nut-shell, the facts are that in the complaints filed under Sec. 138 of the Negotiable Instruments Act, an application under Sec. 91 of the Crimial P.C. was moved stating therein that the cheques were lost and in that regard proper complaint was made and the agreement (ikrarnama) made by the complainant was fabricated one, therefore, it was essential in the fitness of things for the learned trial Court to have given a direction for production of the passbook of the complainant. The learned trial Court after hearing the learned counsel for the petitioner found that no case was made out for giving such a direction under Sec. 91 of the Cr.P.C.