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2007 DIGILAW 1486 (RAJ)

Raj Kumar v. Neelam Pathak

2007-08-07

SATYA PRAKASH PATHAK

body2007
JUDGMENT 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 Section 138 of the Negotiable Instruments Act, an application under Section 91 of the Cr.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 Section 91 of the Cr.P.C. 4. I do not want to touch the merits of the application but find that such orders are revisable, therefore, if the petitioner is so advised can file proper revision petition before the concerned Court. The time consumed in pursuing the remedy by way of filing these miscellaneous petitions shall not come in the way of the petitioner while filing revision petition.The petitions stand disposed off accordingly.Petition disposed of. *******