Narendra Jetly vs Ashish Shrivastava

N.K. Gupta, J.—Heard on admission.

The applicant has preferred this application u/s 482 of Cr.P.C. against the order dated 28.2.2014 passed by the JMFC Bhopal in RT No. 3280/2007 whereby the application filed by the applicant u/s 91 of Cr.P.C. was dismissed.

The brief facts of the case are that the respondent had lodged a criminal complaint against the applicant for the offence u/s 138 of the Negotiable Instruments Act that the applicant issued two cheques, one of Rs. 1,40,000/- and another was of Rs. 1,00,000/- for repayment of amount taken by him from time to time. During the cross examination, it was accepted by the complainant that he was earning income with the help of fund management and stock, and therefore the applicant had moved an application to get income tax returns of the respondent for the year 2003-04 and 2004-05. After considering the submission made by the learned counsel for the parties, the learned JMFC Bhopal has dismissed the application filed by the applicant u/s 91 of Cr.P.C.

After considering the submissions made by the learned counsel for the applicant, no description was asked from the complainant that in the year 2003-04 what was the total amount given by him to the applicant. Similarly, no description was obtained for the year 2004-05. The respondent was getting his income by various stock market work and being a fund manager. Therefore, it is not necessary that he would have filed income tax returns. Under such circumstances, income tax returns of the respondent are not relevant to prove the defence of the applicant. Under such circumstances, requisition of income tax returns for two years is not at all relevant for the defence of the applicant. The learned JMFC has rightly dismissed the application of the applicant u/s 91 of Cr.P.C. There is no illegality or perversity visible in the impugned order passed by the learned JMFC Bhopal so that any interference can be done by invoking inherent powers of this Court u/s 482 of Cr.P.C. Consequently, the present petition filed by the applicant u/s 482 of Cr.P.C. is hereby dismissed at motion.

A copy of this order be sent to the trial Court for information.