P&H: Refuses to Summon Complainant’s Financial Records i.e ITR and Bank statements etc in Section 138 Case, Says Revision Court Cannot Interfere in Trial Court’s Discretion
The Punjab and Haryana High Court has dismissed a criminal revision petition filed by Pritpal Singh in a cheque bounce case, upholding the trial court’s refusal to summon the complainant’s income tax returns, bank statements and other financial documents.
The case arose from a complaint under Section 138 of the Negotiable Instruments Act pending before the Judicial Magistrate First Class, Mohali. During defence evidence, the accused sought production of several documents from the complainant, saying they were necessary to challenge the complainant’s version and rebut the statutory presumptions under Sections 118 and 139 of the Act.
The accused argued that...
