M.N. Bhandari, J. - (1.) By this petition, a challenge is made to the order dated 9th January, 2015, whereby application submitted by the petitioner was dismissed followed by dismissal of revision petition.
(2.) Learned counsel for petitioner submits that an application was filed to seek relevant Income Tax Returns from the year 2010 onwards. It is looking to the statement of the complainant regarding having amount of Rs. 17 lac since the year 2010 and thereupon its payment to the petitioner in the month of November, 2012 with advancement of cheque by the petitioner. The non-petitioner-complainant had no capacity to advance such a huge amount in the month of November, 2012. The application aforesaid was dismissed ignoring the fact that petitioner has right of defence, thus rightly maintained the application. A reference of judgment of Apex Court in the case of K. Subramani v. K. Damodar Naidu, reported in 2015 (1) WLC (SC) Criminal 135 has been given.
(3.) Learned counsel for non-petitioner-complainant has opposed the petition. He submits that relevant Income Tax Returns have already been filed. Only to delay the proceedings, application was filed. The accused was given 20 chances to cross-examine the witness. The aforesaid shows conduct of the petitioner. The court below took notice of overall facts while dismissing the application. The relevant period in the instant case is November, 2012. The petitioner has already submitted Income Tax Return of the said period. It has been marked as Exhibit D-3, hence can be relied by the petitioner.;