ORDER 1. Heard learned counsel for the petitioner. 2. The petitioner is facing trial for offence under Section 138 of The Negotiable Instruments Act. 3. The petitioner has challenged order dated 12.02.2023 passed by Special Court, N.I. Act Cases No.12, Jaipur Metropolitan Second Jaipur, whereby, the learned trial Judge refused the prayer of the petitioner to summon a copy of daily newspaper 'Samachar Jagat' dated 04.04.2004. The prayer was under Section 91 of the Code of Criminal Procedure. 4. Learned counsel for the petitioner submits that the dishonored cheque, whereof the criminal proceeding is going on against the petitioner, got lost in the year 2004 and the petitioner had already published information for loss of cheque in the above referred daily newspaper on 04.04.2004. However, the original copy of the said newspaper is not with the petitioner. 5. In the circumstance, the petitioner had made prayer under Section 91 of Cr.P.C. to call for a copy of the newspaper from the publisher of the newspaper. 6. The trial Court was of the view that the prayer is only just to delay the trial. The newspaper was not required to adjudicate the charge against the accused. If the defense was willing to produce any evidence, each and every copy of the newspaper would be primary evidence, hence defense could have produced the same. Accordingly the prayer was refused. 7. Sub-Section (1) of Section 91 of Cr.P.C. which is relevant for the purpose reads as follows:- '91. Summons to produce document or other thing. (1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.' 8. Evidently, summons can be issued for production of document only to the person in whose possession or power such document is believed to be. Evidently, summons can be issued for production of document only to the person in whose possession or power such document is believed to be. Every original piece of daily newspaper is believed to be in possession of different subscribers including the accused who asserts that particular information was published in the particular newspaper. 9. Therefore, requirement of compliance of Section 91 of Cr.P.C. was not attracted in the present facts and circumstances of this case. No failure of justice is going to be caused, if the petitioner fails to bring evidence on the record, which the petitioner is expected to bring on the record. 10. Therefore, this petition stands dismissed as devoid of any merit.