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2019 (2) TMI 67 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - Section 138 of the Negotiable Instrument Act - Held that:- It is evident from the record that the petitioner/accused has filed an application under Section 91 of the Cr.P.C. to call the agreement made between the parties, cheque book, income tax returns and details of saving accounts of the respondent/complainant. Respondent/complainant has filed a reply of this application before the trial Court and submits that he is retired person and does not pay the income tax. Therefore, he is unable to produce the documents relating to income tax return. So far as, agreement is concerned, the learned Revisional Court has observed that the complainant did not mentioned about this fact. This finding of the learned Revisional Court is found correct. Apart from that, it is also evident that the evidence stage of complainant/respondent is going on and complainant was not cross-examined yet, therefore, petitioner/accused can put up his defence by asking question to the complainant and thereafter the respondent/complainant will clarify his position then only the petitioner/accused will be entitled to put up such application before the learned trial Court. It does not appear that it is a case of failure of justice or a case in which interference can be made by invoking the extra ordinary jurisdiction of the Court - petition dismissed.
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