SANDEEP MEHTA,J. - (1.) By way of this petition under Section 482 Cr.P.C, 1973 the petitioners accused have approached this court for challenging the order dated 27.07.2011 passed by learned Sessions Judge, Pali, whereby the revisional court rejected the revision preferred by the petitioners against the order dated 24.07.2010 passed by learned Judicial Magistrate (First Class), Pali in Criminal Case No. 274/2006 rejecting the application filed by the petitioners under Section 91 Cr.P.C , 1973 to summon certain books of accounts etc. from the complainant respondent.
(2.) Mr. R.K. Rathi, learned counsel representing the petitioners, urged that the disputed cheque had been stolen and was misused by the complainant and as such, the trial court was under an obligation to summon the books of accounts of the complainant so as to verify the truth of the assertion made in the complaint that the complainant had supplied certain goods to the petitioners. He, thus, urged that the trial court should have summoned the documents prayed for by the petitioners by accepting the application under Section 91 Cr.P.C., 1973 In support of his contention, he relied upon this court's judgment in the case of Shakti Singh Rathore v. State of Rajasthan and Anr. reported in 2011 ACD 222 (Raj).
(3.) Per contra, Mr. Kumbhat, learned counsel representing the respondent complainant urges that the disputed cheque No. 03888196 was initially issued by the petitioners by appending the date as 31.07.2002. An FIR regarding the alleged theft of the cheque came to be filed by the petitioners accused nearly ten months thereafter and the police has given a negative final report after investigation of the said FIR. The accused revalidated the cheque on 31.07.2003 by appending signatures thereupon and thereafter, the cheque was presented and dis-honored. Thus, as per Mr. Sheetal Kumbhat, the presumption available under section 139 of the NI Act clearly operates against the petitioners and there was no requirement for the trial court to have summoned the documents sought for in the belated application filed by the defence under Section 91 Cr.P.C., 1973;