This petition under Articles 226 & 227 of the Constitution of India is filed by the petitioner against interlocutory order dated 18.08.2011 passed by learned Additional Sessions Judge, Surat in rejecting Revision Application No.124 of 2011 by which order of the learned Additional Chief Judicial Magistrate below Exh.28 in Criminal Case No.15197 of 2009 came to be confirmed.
2. In the above proceedings, Exh.28 application was filed by the petitioner before the learned Magistrate raising certain grievances, including that the complainant was given a notice in view of the provisions of Sections 34 to 66 of the Evidence Act so that necessary material with regard to books of account, daily account, income tax return, acknowledgment etc. be produced on the record. It was the case of the accused that if the above material is not produced, it would certainly prejudice the defence of the accused.
3. Learned Judge, after considering the relevant provisions and stage of evidence of the criminal case, rejected the request of the accused and the same was confirmed by the revisional court by observing the cross-examination of the complainant in which it was deposed that the complainant was the assessee under the Income Tax Act and was ready and willing to produce income tax return at the next date of hearing. But, at the same time, with regard to entry pertaining to disputed cheque was not accepted in the cross-examination, no justification was found for ordering the account books. Accordingly, the willingness of the complainant to produce the relevant copies of the income tax return at appropriate stage of evidence, the trial Court as well as the revisional court found the request of the petitioner to be not maintainable at the stage when cross-examination of complainant was not over.
4. The above reasoning of the courts below cannot be said to be in any manner illegal, which warrants interference of this Court in exercise of extra-ordinary jurisdiction under Articles 226 & 227 of the Constitution of India.
This petition lacks merit and accordingly it is dismissed. Notice is discharged. Interim relief granted earlier stands vacated forthwith.
[Anant S. Dave, J.] *pvv Top