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2017 (8) TMI 1693 - HC - Indian LawsRejection of application preferred by the petitioner as accused under Section 91 of Cr.P.C. read with Section 165 of Indian Evidence Act - application preferred by the petitioner, rejected, mainly on the ground that petitioner cannot seek document under Section 91 of Cr.P.C. during cross examination of complainant - HELD THAT:- It appears that the complainant has categorically admitted the fact that he is submitting income tax returns for last 3 to 4 years and he has handed over a sum of Rs.86 lacs in cash to the petitioner. The amount as mentioned in the complaint is a huge amount and in all probability in usual course of business either, is reflected in the accounts book, bank account, income tax return etc., therefore, petitioner moved an application under Section 91 of Cr.P.C. so that controversy can get clarity in respect of factual averments. Therefore, petitioner was right in moving the application seeking those documents on record to confront the complainant about the statement made by him vis a vis documents. Whether petitioner could have availed of such opportunity under Section 91 of Cr.P.C. while confronting the complainant? - HELD THAT:- The trial Court has relied upon the judgment rendered by the Hon'ble Apex Court in the matter of State of Orissa Vs. Debendra Nath Padhi [2004 (11) TMI 564 - SUPREME COURT] wherein the Hon'ble Apex Court has held that remedy of application under Section 91 of Cr.P.C. is not available to the accused at the time of framing of charge. In the fact situation of the case, trial Court has erred in rejecting the application preferred by the petitioner. Once the necessity and desirability of documents to be summoned has been established then the trial Court ought to have called the documents to confront the witnesses. For doing complete justice between the parties, it is imperative that petitioner be allowed to confront the complainant by the documents to be summoned in defence of the accused. Matter is remanded back to the trial Court for consequential follow up action to summon the documents as mentioned in the application preferred by petitioner under Section 91 of Cr.P.C. while affording opportunity to confront the complainant with the aid and support of those documents - Petition disposed off.
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