Research › Search › Judgment

Rajasthan High Court · body

2014 DIGILAW 368 (RAJ)

Balendra Kumar v. State of Rajasthan

2014-02-04

VIJAY BISHNOI

body2014
JUDGMENT 1. - This Criminal Misc. Petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 30.09.2013 passed by the Sessions Judge, Chittorgarh (for short 'the revisional court' hereinafter), whereby the revision petition preferred by the petitioner against the order dated 06.11.2012 passed by the A.C.J.M., Kapasan, Chittorgarh (for short 'the trial court' hereinafter) in case No.165/2002 has been dismissed. 2. Brief facts of the case are that in the proceedings initiated against the petitioner under Section 138 of the Negotiable Instruments Act, the petitioner has moved an application on 26.07.2012 and prayed that the complainant may be directed to produce the Ledger Account, Balance Sheet and the Audit records pertaining to the loan transaction took place between the petitioner and the complainant. The trial court has dismissed the said application vide order dated 06.11.2012, while observing that all the documents pertaining to the cheque in question have already been produced by the complainant in reply to the application and the petitioner has failed to clarify that which other documents are required to be summoned from the complainant. 3. Being aggrieved with the order passed by the trial court on 06.11.2012 the petitioner had preferred a revision petition before the revisional court, which came to be dismissed by the revisional court, while observing that the order passed by the trial court, is interlocutory order and revision against the same is not maintainable. 4. Learned counsel for the petitioner has submitted that petitioner filed an application before the trial court seeking direction for the complainant to produce all record in respect of cheque in question. However, the trial court, without appreciating the request of the petitioner, has rejected the said application of the petitioner in cursory manner. 5. Heard learned counsel for the petitioner and perused to material available on record. 6. It is noticed that the trial court, vide order dated 10.12.2005, has already ordered for summoning the documents from the bank pertaining to the cheque in question. It is also noticed that the complainant had produced several documents along with reply to the application preferred by the petitioner for summoning of documents. Learned counsel for the petitioner had failed to clarify before the trial court that which other documents are required to be summoned and therefore, the trial court has not committed any illegality in rejecting the application by the order dated 06.11.2012. 7. Learned counsel for the petitioner had failed to clarify before the trial court that which other documents are required to be summoned and therefore, the trial court has not committed any illegality in rejecting the application by the order dated 06.11.2012. 7. In view of the above, this Court does not find any merit in this Criminal Misc. Petition and the same is hereby dismissed.Petition Dismissed. *******