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Showing contexts for: draft document in Exclusive Motors Pvt Ltd vs Central Bureau Of Investigation & Ors on 15 July, 2025Matching Fragments
7. Thereafter, CBI during the investigation against Respondent No.3., sought a Demand Draft of Rs. 50 Lacs in the name of Respondent No. 1, vide Order dated 22.07.2021 under Section 91 Cr.P.C.
Signature Not Verified Signed By:ANIL W.P. (Crl.) 1413/2021 Page 3 of 10 KUMAR BHATT Signing Date:16.07.2025 11:37:288. This Order dated 22.07.2021 is sought to be challenged on the ground that Respondent No. 1 has no jurisdiction under Section 91 Cr.P.C. to seek recovery of money from the Petitioner. The money was rightly forfeited by the Petitioner. This recovery of amount by way of Bank draft is not a "document" or "other thing" within the meaning of Section 91, Cr.P.C. and hence, is not liable to be produced in a Notice under Section 91 Cr.P.C.
14. It is further submitted that the Demand Draft sought to be produced by the Petitioner vide Order dated 22.07.2021, falls within the ambit of „other documents' under Section 91 Cr.P.C.
15. It is thus, prayed that the Petition be dismissed.
16. Petitioner in his Rejoinder, has reiterated and emphasised upon the contents of their Petition, and has denied all the contentions of the Respondent No. 1 and has submitted that the demand draft cannot be read to fall within the scope of „document‟ in Section 91 Cr.P.C, for it does not exist as a document which can be produced.
20. The bare perusal of this section makes it evident that the twin conditions to invoke this section are that firstly, this section is limited to the document or thing; and secondly, it has to be in his possession or power.
21. The interesting issue which has thus, arisen is whether "Demand Draft" would come within the definition of a "document".
Explanation 2 -Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed."
24. A document thus, means any matter expressed or described upon any substance, which may be Letter, figures or marks. While a Demand Draft, per se may be a document, but the important question is whether Demand Draft could be directed to be made and produced in an Order passed under Section 91 Cr.P.C.