Ajay Rastogi, J. - (1.) Instant petition has been filed by petitioner assailing order dated 1st September, 2007 whereby application filed u/s.254(2) Cr.P.C. was rejected by learned trial Judge. Against the said order, he preferred revision petition, which has also been dismissed by a detailed order.
(2.) Petitioner is facing trial for offence u/s.138 of Negotiable Instruments Act. Earlier he filed application u/s.91 Cr.P.C. to summon the bank record, but the same was rejected by trial Judge on 7th June, 2005. After statement of accused-petitioner was recorded u/s.313 Cr.P.C. and the matter was fixed for defence evidence, he again moved application u/s.254(2) Cr.P.C. to summon certain witnesses, which was declined by the court below.
(3.) It has been observed by trial Judge and so also by revisional court that there is no document available on record which the accused-petitioner intends to produce in support of his defence and do not find any relevance of the statement, if at all, required to be recorded in examining the alleged offence which has been committed by him. However, trial Judge in his order impugned observed that it is always open for petitioner to produce the evidence, if any, required in support of his defence.;