REKHA KUMAWAT Vs. ANJANA SHARMA

JUDGEMENT

(1.) Petitioner has preferred this Criminal Misc. Petition under Section 482 Cr.P.C. aggrieved by Order dated 18.07.2018 passed by Additional District & Sessions Judge No.5, Jaipur Metropolitan, Jaipur, in Criminal Revision No.566/2018, whereby Revision Petition was allowed and complainant-petitioner has been directed to produce the income tax return of herself and her husband from 1998-2008 before the Trial Court.

(2.) It is contended by counsel for the complainant-petitioner that the proceedings under the N.I. Act are of a summary nature. The signatures on the cheques are not disputed, hence, presumption has to be drawn against the accused. It is also contended that as per the defence taken by the accused, the cheque was stolen. It is also contended that non mentioning of the (2 of 4) [CRLMP-7310/2018] amount in the income tax return only points towards evasion of income tax and the same cannot be taken to be evidence against the petitioner, that the cheque was not received in discharge of a debt.

(3.) It is also contended that the Court has wide powers under Section 482 Cr.P.C. and the complainant in order to delay the proceedings has moved the application for summoning the income tax return. It is also contended that it is for the complainant to establish that some legal debt was outstanding and if he fails to prove the same, the complaint would be dismissed. It is also contended that at the stage of evidence, the complainant cannot be forced to adduce the evidence against himself.