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2022 (3) TMI 744 - HC - Indian LawsDishonor of cheque - insufficient funds - burden to prove - framing of charge or trial - section 91 of Cr.P.C. - HELD THAT:- It is not in dispute that the petitioner has not denied his signature on the cheque in question. The most important aspect of the matter as to whether complainant is under an obligation to produce documents at the behest of petitioner or not. From the aforesaid enunciation of law laid down by Hon'ble Apex Court in John K. Abraham vs. Simon C. Abraham [2014 (1) TMI 528 - SUPREME COURT], it is crystal clear that the initial burden is on the complainant to discharge that he had paid the amount to petitioner accused and it cannot be said that petitioner who is facing trial under Section 138 of the NI Act is within his right to say that unless and until documents so wanted by him from respondent complainant are produced, petitioner accused would not cross-examine respondent-complainant or his witness(s). It is for the respondent to decide that in what way he would like to prosecute his case. Petitioner-accused cannot direct or compel respondent complainant to either lead the evidence or submit proof, as per his own choice or wishes. Since the trial Court has exercised its discretion and has not committed any error in rejecting the application filed by the petitioner-u/s. 91 of Cr.P.C., this Court does not find it to be a fit case warranting interference u/s. 482 of Cr.P.C. - Petition dismissed.
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