Madhya Pradesh High Court
Om Shanti Gas Agency vs Neeraj Sethiya on 12 March, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.8224/2018
(Om Shanti Gas Agency Vs. Neeraj Sethiya)
Indore dated : 12/03/2018
Shri Sameer Saxena, learned counsel for the applicant.
Heard.
This petition under Section 482 of the Code of Criminal
Procedure, 1973 has been filed for quashment of order dated
30/01/2018 passed by the Judicial Magistrate First Class,
Khilchipur in Criminal Case R.T. No. 216/2017, by which
the application filed by the applicant under Section 91 of the
Cr.P.C. for production of documents has been dismissed.
Learned counsel for the applicant submits that he has
filed an application under Section 91 of the Cr.P.C. For
seeking bank statement of the complainant for last five years
from the date of filing of this complaint, bank pass book,
income tax return details from 2013 to 2017 and agreement
(if made between the parties) for lending the amount of
Rs.1,88,000/- to the applicant. But the aforesaid application
was rejected by the Courts below on the ground that the
respondent has stated that he has already filed all the
documents relation to the transaction and now he has not having any document as desired by the applicant.
After hearing learned counsel for the applicant perused the record.
The apex Court held in the case of Krishna Janardhan Bhat Vs. Dattatraya G. Hegde, (2008) 4 SCC 54 and P. Venugopal Vs. Madan P. Sarathi, AIR 2009 SC 568, that intial burden was on the complainant to prove existence of debt and the presumptions provided under Section 139 of the Negotiable Instruments Act does not extended to the extent that the cheque was issued for the discharged of any debt or liability, which is required to be proved by the complainant.
In the light of the aforesaid decisions, this Court has not find any substance in this petition. Accordingly, this petition is dismissed in limine at the motion stage.
(S.K. Awasthi) Judge skt Digitally signed by Santosh Kumar Tiwari Date: 2018.03.13 10:50:00 +05'30'