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2020 (3) TMI 137 - MADHYA PRADESH HIGH COURTDishonor of Cheque - insufficiency of funds - application moved under section 91 of the Cr.P.C. for summoning the documents - HELD THAT:- The powers conferred under Section 91 of the Cr. P.C. are, enabling in nature, aimed at arming the Court or any officer-in-charge of a Police Station concerned to enforce and to ensure the production of any document or other things, "necessary or desirable", for the purposes of any investigation, enquiry, trial or the proceedings under the Code, by issuing a summons or a written order to those in possession of such material - The language of Section 91 of Cr.P.C. would, no doubt, indicate the width of the powers to be unlimited, but the inbuilt inherent limitation takes its colour and shape from the stage or point of time of its exercise, commensurately with the nature of proceedings as also the compulsions of necessity and desirability, to fulfill the task or achieve the object. The Sine qua non of an order under this Section is a consideration by the court that the production of the documents concerned is desirable and necessary for the purposes of the trial. Whether a document should be summoned or not, is essentially discretion of the trial Court - The Apex Court in the case of Assistant Collector of Customs & Anr. Vs. L.R. Malwani & Anr. [1968 (10) TMI 49 - SUPREME COURT] has held that except for very good reasons, the High Court should not interfere with the discretion exercised by the court below. Thus, the trial Court has considered the necessity of the documents to be produced in its proper prospective and has exercised its discretion in rejecting the application for the reasons mentioned therein - no apparent jurisdictional error appears to have been committed by the trial Court in rejecting the application under Section 91 of Cr.P.C. warranting interference or exercising the inherent powers under Section 482 of Cr.P.C. Rejection of application under section 243(2) of Cr.P.C. - HELD THAT:- The said application was moved on the ground that it is important to get the ink and signature of the so called agreement examined from Forensic Science Laboratory, Bhopal for the purpose of just and fair trial. It is further mentioned that due to accident of the earlier counsel Shri Rajeev Chauhan all these aspects could not be examined at the time of recording the evidence. As such the application deserves to be allowed. The learned Trial Court has not committed any error in rejecting the applications - petition dismissed.
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