AMRENDRA KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing the order dated 15.04.2015 passed by learned Judicial Magistrate, Ranchi in Complaint Case No. 1095 of 2015, whereby and whereunder he rejected the application filed by the accused/petitioner for calling the statements of the bank account of the complainant for the financial years 2011-12, 2012-13, 2013-14 and also income tax return submitted by him.

(2.) It is submitted that in course of cross-examination made by the petitioner, the complainant disclosed that he is income tax payee and he claimed that he can produce the income tax return as well as statements of bank account. It is submitted that as per Section 139 of the Negotiable Instruments Act, petitioner is required to rebut his liability, therefore, it is necessary to call for the bank statement as well as the income tax return of the complainant to prove his case. Accordingly, it is submitted that the learned court below committed serious illegality in refusing to call for the aforesaid documents at the stage of cross-examination of complainant.

(3.) On the other hand, learned counsel appearing for the complainant submitted that the petitioner is required to rebut the statutory presumption against him by adducing evidence on his behalf and which he cannot do at the time of cross- examination of the complainant. It is further submitted that the complainant in his examination-in-chief had not given any statement in relation to his bank statement and/or income tax return, therefore, on that point the cross-examination made by the petitioner is irrelevant and have no significance. The said questions can only be relevant for co-lateral purpose. Accordingly, it is submitted that the aforesaid application has been filed with a view to delay the proceedings. Thus, the court below has rightly rejected the same.