Jagdish Wadhwani vs Naveen Talreja
2024 Latest Caselaw 3610 MP

Madhya Pradesh High Court

Jagdish Wadhwani vs Naveen Talreja on 7 February, 2024

Author: Anand Pathak

Bench: Anand Pathak

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      MCRC No. 5555 of 2024
                                             (JAGDISH WADHWANI AND OTHERS Vs NAVEEN TALREJA)

                           Dated : 07-02-2024
                                 Shri Dinesh Kumar Agarwal - Advocate for the petitioners.

                                 Heard on admission/stay.
                                 The present petition under Section 482 of the Cr.P.C. has been preferred
                           by the petitioners/accused being crestfallen by the order dated 12.12.2023
                           passed by the learned Judicial Magistrate First Class, Gwalior, whereby
                           application under Section 91 of the Cr.P.C. for bringing the income tax returns

                           of petitioners stands rejected.
                                 It is the submission of learned counsel for the petitioners that to rebut the
                           presumption staring at them under Section 139 of the Negotiable Instruments
                           Act, prayer for bringing income tax returns of complainant on record appear to
                           be imperative. Approach of court below was erroneous while rejecting the
                           application under Section 91 of the Cr.P.C. of petitioners. In fact it is to be
                           made available to them to show that the petitioners reflected transaction in his
                           income tax returns, otherwise transaction becomes doubtful in view of the
                           judgment rendered by the Apex Court in the case of Rajaram Vs.

                           Maruthachalam reported in 2023 (1) Crimes 102 (SC).
                                 Issue notice to the respondent on payment of process fee within seven

working days through registered A.D. mode, returnable within four weeks.

List this case in the week commencing 11.03.2024. Till next date of hearing, proceedings pending before the trial court shall remain stayed.

C.C. as per rules.

(ANAND PATHAK) JUDGE Rashid