Rakesh Bansal @ Banti Bansal vs State of M.P.

Anil Sharma, Judge

Arguments heard. Petitioner has filed this petition u/s 482 Cr.P.C. challenging the order dated 21/11/2011 passed by Second Additional Sessions Judge, Gwalior in Criminal Revision No. 382/11 affirming the order dated 10/6/2011 passed by Judicial Magistrate First Class, Gwalior in Criminal Case No. 5549/10 whereby application filed by the petitioner u/s 91 of the Code of Criminal Procedure has been rejected.

By the application u/s 91 of the Code of Criminal Procedure, the petitioner had prayed for producing copy of income tax return of the respondent for ascertaining whether the disputed cheque for which complaint has been filed u/s 138 of the Negotiable Instruments Act has been mentioned in the income tax return or not. The respondent complainant in her reply before the court below has stated that she is a teacher and her income is not taxable under the Income Tax Act.

Both the courts below have rejected the application of the petitioner u/s 91 of the Cr.P.C. on the ground that the complainant is not an income tax payer.

u/s 91 of Cr.P.C., the Court may pass orders for production of the documents which are in existence, but the documents which are not in existence cannot be ordered to be produced by the court. Since the complainant has stated that she is not an income tax payee, the courts below are justified in passing the impugned orders rejecting the prayer of the petitioner. Hence, no interference u/s 482 Cr.P.C. is warranted in the instant petition. The petition is, therefore, dismissed.