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2018 (2) TMI 1189 - HC - Indian LawsRejection of revision application - rejection on the ground that the said application has been filed belatedly after 9 months from the date when the case was fixed for defence evidence - Held that: - The documents which are sought to be summoned from the complainant cannot be said to be necessary for the disposal of the case. The burden is on the applicant to rebut the presumption as provided under Section 139 of Negotiable Instruments Act. The complainant has closed his evidence and case was fixed for recording of defence evidence about 9 months back. No explanation has been given by the complainant for not filing the application immediately after the case was fixed for his defence evidence. The document sought by the applicant are not necessary and the application under Section 91 Cr.P.C has been filed to delay the proceedings - application dismissed.
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