Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Application by accused for summoning of Income tax return of complainant for the year 2013-2014 - These documents are relevant to establish financial capacity of complainant at the relevant time - Application allowed - Complainant directed to produce income tax..........
Criminal Procedure Code, 1973, Section 91 -- Production of document - Application at the instance of accused - Petitioner seeking to take on record document pertaining to date of birth of prosecutrix at the time of her initial admission in school in which her date of birth is mentioned as per which she would be 18 years of age at the time of alleged incident -..........
Criminal Procedure Code, 1973, Section 91 -- Summoning of documents before framing charge - Court has to proceed ordinarily on the basis of material produced in charge sheet so as to deal with the issue of charge - But, if Court is satisfied that there is material which shall be necessary to make adjudication at the stage of charge, Court is not debarred from summoning or..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 91 -- Dishonour of cheque - Source of income of complainant - Recall of complainant - No such suggestion or indication was made while complainant was examined and cross examined - Such application cannot be allowed at a belated stage when case is fixed for final disposal -..........
Evidence Act, 1872, Section 65, Criminal Procedure Code, 1973, Section 391, 91 -- Secondary evidence - Photocopy of document neither certified copy nor it is a copy made from original by mechanical process which ensure the accuracy of copy - It cannot be termed as secondary evidence - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 90, 91 -- Summoning of documents - If material on basis of which investigation officer has drawn his final conclusions, are not filed alongwith final report, trial Court has power to summon those documents before passing any order on final report submitted by police or on protest petition filed by complainant...........
Criminal Procedure Code, 1973, Section 91 -- Summoning of documents - Right of accused - Accused has no right to request for summoning of documents u/s 91 Cr.P.C. before the stage of framing of charges against him...........
Criminal Procedure Code, 1973, Section 91 -- Production of documents - Income tax return called from complainant by way of present application - However, it was nowhere established that Income Tax return was ever filed - There is thus, no justification to issue such direction u/s 91 Cr.P.C. to produce Income Tax return - However, if accused wants to set up his defence by..........
Criminal Procedure Code, 1973, Section 91 -- Summons to produce documents - Invocation of S.91 by accused at the stage of framing of charge - Held, at the stage of framing of charge, accused cannot ordinarily invoke S.91 - However, if Court is satisfied that there is material of sterling quality which has been withheld by investigator/prosecutor, Court is not debarred from..........
Criminal Procedure Code, 1973, Section 54(3), 91 -- Medical examination of accused - Record to be preserved and copies thereof have to be sent to Ilaka Magistrate - Accused is entitled to copies of all records of medical examination conducted on his person while he was in police custody...........
