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2019 (6) TMI 874 - HC - Indian LawsMaintainability of petition - rejection of application under Section 91 of Cr.P.C. filed by the petitioner - Dishonor of Cheque - section 138 of NI Act - repayment of money - production of documents - HELD THAT:- The Court is empowered to call any documents which is necessary to fair proceeding of the case. The Court can issue summons to the person whom possession the desirable documents are kept. The powers which has given to under Section 91 of Cr.P.C. is discretionary in nature and same can be exercised judiciously and in proper manner. The superior Court can intervene only in case where the discretion exercised by the lower Court neither judiciously nor judicially and there is gross failure to exercise the discretion of the Court. The Superior Court should not interfere in the discretion of the learned lower Court in a routine fashion. In the present case, there is a dispute regarding repayment of money. The complainant has given amount to the petitioner accused and in lieu of the same he has given some cheques to the complainant which were dishonoured by the bank. The accused took the defence that earlier some money transaction was made between them and in respect of the same he had given the aforesaid cheques, but even after paying the same, complainant did not return the cheques, given by him. He has misused the same by filing this present case. It is undisputed, the order of rejection passed under Section 91 of the Cr.P.C. is an interlocutory in nature and same can not be challenged by filing a revision petition. Therefore, the learned Revisional court did not make any error in passing the said order. Petition dismissed.
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