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2003 Supreme(Raj) 344

O.P.BISHNOI
Manak Enterprise – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Appearance :
Nadish Singhvi, Advocate for the Appellant
D.D. Kalla, Public Prosecutor and D.S. Udawat, Advocate for Respondent No. 2

Judgment

O.P. Bishnoi, J.-This revision petition has been filed by the accused persons against an order dated 3-7-2002 by the learned Judicial Magistrate, Bar, Distt. Pali. In a complaint filed by the respondent No. 2 Manakraj, the three petitioners were being tried for an offence under Section 138 of the Negotiable Instruments Act before the said Court. The complainant examined himself as PW-1 and closed his evidence on 27-11-200 1 after PW-2 Ishwar Chand was examined. The learned Court fixed the case for recording the statements of the accused persons under Section 313 of the Cr. P.C. and ordered that on the next date the accused persons shall remain present in the Court for the said purpose. In spite of the direction on most of the dates the accused persons were not present and ultimately their statements were recorded under Section 313 of the Cr. P.C. on 3-5-2002. Thereafter, an application under Section 91 of the Cr. P.C. was moved by the accused persons and a request was made that the sales tax return of the complainant, ‘Khata Bahi’, ‘Rokar Bahi’, balance-sheet for the year 1999-2000 and audit report be produced by the complainant. This application was dismissed by the learne







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