Mohammad Rafiq, J. - (1.) An application for early listing of the petition has been filed. The application is allowed. The matter is being decided.
(2.) The instant criminal misc. petition under Section 482 Cr.P.C. has been filed challenging the order passed by learned Judicial Magistrate (NI Act cases) No.5, Jaipur City, Jaipur dated 30/3/2010 by which, application filed by the accused-petitioner u/S.91 Cr.P.C. praying that order should be passed for summoning income tax returns of witness Surendra Singh, has been rejected. Hence, this petition.
(3.) Learned counsel for petitioner has argued that learned trial court has misconstrued and misplaced the provisions of Section 91 Cr.P.C. Learned trial court was wholly unjustified in rejecting application of the petitioner on the premise that such a request should have been made by the petitioner when he earlier filed application u/S.91 Cr.P.C. and that since petitioner produced Surendra Singh as his own witness, it was for him to have simultaneously requested for production of those documents. At that very moment, observation made by the learned trial court that petitioner has filed such application only for the purpose of delaying proceedings, is uncalled for. It is contended that application has been made only after the said witness Surendra Singh has been hostiled in the interest of accused-petitioner saying that he had lented this loan of Rs. 1.5 lacs to the complainant and that he was also an income tax payee as his income is Rs. 1 lac per annum. The petition be therefore allowed.;