SARVESH AGARWAL Vs. VANDANA MALI

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C., 1973 has been filed by the petitioner being aggrieved with the order dated 31.5.2018 whereby the Special Judicial Magistrate, N.I. Act Cases No.4, Udaipur has rejected the application filed by the petitioner under Section 91 Cr.P.C., 1973.

(2.) The petitioner is facing proceedings under section 138 of the Negotiable Instruments Act initiated at the instance of respondent. In the said proceedings, the petitioner cross-examined the complainant on 14.3.2018 and thereafter on 17.4.2018 his statements were recorded and the petitioner prayed for some time to produce evidence in defence. After seeking two adjournments for producing the evidence in defence, the petitioner had moved an application under Section 91 Cr.P.C., 1973 on 30.5.2018 before the court below and prayed that bank statements of respondent be summoned.

(3.) Learned court below has rejected the said application while observing that the respondent in her affidavit and in her cross-examination has specifically stated that the loan was advanced to the petitioner in cash and some of the amount of loan was taken by her from her mother. The court below is of the opinion that when the respondent has specifically come out with the case that the loan was advanced to the petitioner in cash, there is no requirement of summoning her bank statement.