Banna Lal Bhambhi vs Chandra Kanta Nenawati
2023 Latest Caselaw 5091 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 554/2023

Banna Lal Bhambhi S/o Shri Mohan Lal Bhambhi, Aged About 48 Years, B/c Bhambhi, R/o 36, Balai Mohalla, Gathila Kheda, Tehsil And District Bhilwara (Raj.)

----Petitioner Versus Chandra Kanta Nenawati W/o Shri Parakram Singh Nenawati, R/ o 96, Govind Bhawan, Near Head Post Office, Rajendra Marg, Bhilwara (Raj.)

----Respondent

For Petitioner(s) : Mr. Navin Kishore Rastogi

HON'BLE MR. JUSTICE FARJAND ALI

Order

23/05/2023

1. The documents for which the application under Section 391

of Cr.P.C. has been submitted by the petitioner before the learned

Additional Session Judge (Women Atrocities Cases) Bhilwara

pertains to the transaction done in between the petitioner and the

complainant respondent. The first document is the reply to notice

under Section 138 of NI Act which was sent by the petitioner to

the complainant in response to his notice. The second one is a

receipt purportedly given by the complainant to the accused

petitioner which is in respect of the cheque in question for which

the trial was proceeded and the appeal is pending. There is no

doubt that both the documents are relevant and may prove to be

essential for the just decision of the case, if the receipt is prepared

by the complainant. In view of the judgment rendered in the case

of Zahira Habibulla H. Sheikh & Ors. Vs. State of Gujarat &

(2 of 2) [CRLR-554/2023]

Ors. reported in AIR 2004 SC 346, both the documents are

relevant and essential for justifiable disposal of the case,

therefore, interference of this Court would be required.

2. Issue notice to the respondent, returnable within a period of

six weeks.

3. In the meanwhile, the learned Additional Session Judge

(Women Atrocities Cases) Bhilwara shall not hear and decide the

appeal in Criminal Appeal No.26/2020 titled as Banna Lal

Bhambi Vs. Chandrakanta.

(FARJAND ALI),J 24-divya/-

Powered by TCPDF (www.tcpdf.org)