BASANT KUMAR JAIN Vs. STATE OF RAJASTHAN & ANR.
LAWS(RAJ)-2015-4-358
HIGH COURT OF RAJASTHAN
Decided on April 07,2015

BASANT KUMAR JAIN Appellant
VERSUS
State Of Rajasthan And Anr. Respondents

JUDGEMENT

Vijay Bishnoi, J. - (1.) These criminal misc. petitions have been filed by the petitioner Basant Kumar Jain against the orders dated 24.5.2014 passed by Additional Sessions Judge No.3, Jodhpur Metropolitan (hereinafter referred to as 'the revisional court') whereby the revisional court has dismissed the revision petitions No.7/2014 and No.8/2014 filed by the petitioner. The petitioner has filed the said revision petitions against the orders dated 1.10.2013 passed by the Additional Metropolitan Magistrate N.I. Act No.9, Jodhpur (hereinafter referred to as 'the trial court') in Criminal Case Nos. 1343/2011 and 627/2011 whereby the applications filed by the petitioner under Section 91 Cr.P.C. were rejected.
(2.) Brief facts of the case are that during the pendency of proceedings under Section 138 Negotiable Instrument Act, the petitioner filed applications under Section 91 Cr.P.C. and prayed that the complainant-respondent No.2 may be directed to produce the account books of his firm wherein the transactions with the petitioner have been recorded. The prayer of the petitioner was opposed by the respondent No.2-complainant before the trial court while stating that he has already filed concerned bills regarding those transactions and he is ready to face consequences of non-production of account books of his firm. Learned trial court, after taking into consideration the contention of the complainant that he is ready to face consequences of non-production of account books, rejected the applications under Section 91 Cr.P.C. filed by the petitioner.
(3.) Being aggrieved with the same, the petitioner has filed revision petitions and the revisional court has also rejected the revision petitions while observing that when the complainant is ready to face the consequences of non-production of account books, the trial court has not committed any illegality in rejecting the applications filed by the petitioner under Section 91 Cr.P.C. whereby he has prayed for summoning the account books of the firm of the complainant-respondent No.2.;


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