Vijay Bishnoi, J. - (1.) This criminal misc. petition under section 482 CrPC has been filed by the petitioner while challenging the order dated 09.07.2014 passed by Additional Sessions Judge No.2, Udaipur (for short 'the revisinoal court' hereinafter) in Cr.Revision Petition No.98/2013 preferred on behalf of the petitioner.
(2.) Brief facts of the case are that in the proceedings under section 138 of the Negotiable Instrument Act, pending against the petitioner, the petitioner moved an application under section 91 CrPC with a prayer for summoning certain documents. The Special Judicial Magistrate, N.I.Act No.1, Udaipur (for short 'the trial court' hereinafter) has rejected the said application while observing that the petitioner moved the said application after a delay of about two years. It has also been observed that in a case, instituted against the petitioner in the year 2007, the petitioner did not appear and was summoned through bailable warrant. On 11.11.2010, he was declared absconder and appeared on 08.03.2011 and on the same day, charges were read over to him. The trial court was of the opinion that the petitioner had moved the said application on 12.06.2013 with intent to delay the proceedings and, therefore, the trial court dismissed the application.
(3.) The revisional court has also taken into account the facts and circumstances of the case and observed that no case for summoning the documents, sought for in the application under section 91 CrPC, is made out because the petitioner has failed to prove that the documents, sought to be summoned, have ever been demanded by him from the respondent-company and the company has refused to deliver the same to him. The revisional court has also observed that the application filed by the petitioner for summoning the documents is suffering from great delay and, therefore, there is no illegality in the order passed by the trial court.;