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2014 Supreme(Raj) 1348

VIJAY BISHNOI
CLG Institute – Appellant
Versus
Surendra Kumar – Respondent


Advocates:
For the Petitioner:Prabhat Ojha, Advocate.

JUDGMENT

1. - This criminal misc. petition under section 482 Cr.P.C. has been preferred by the petitioners against the order dated 07.04.2014 passed by the Additional Sessions Judge No.1, Jodhpur Metropolitan (for short 'the revisional court' hereinafter) in Criminal Revision Petition No.01/2014, whereby the revision petition filed by the petitioners has been dismissed. The petitioners have also challenged the order dated 05.12.2013 passed by the Special Metropolitan Magistrate (N.I.Act) No.10, Jodhpur Metropolitan (for short 'the trial court' hereinafter) in Cr. Original Case No.2008/2011, Surendra Kumar v. CLG Institute , whereby the application filed by the petitioners under section 91 Cr.P.C. has been dismissed.

2. In the proceedings pending against the petitioners under section 138 of the Negotiable Instrument Act, the petitioners moved an application under section 91 Cr.P.C. and prayed for summoning of certain documents said to be in possession of Gena Ram, Sohan Lal, Mangla Ram, Praveen Kumar and complainant Surendra Kumar. The said application of the petitioners was rejected by the trial court while observing that it is not clear that the documents sought to be summoned by t






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