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2014 Supreme(Raj) 1899

VIJAY BISHNOI
Rajendra Nandwana – Appellant
Versus
M/s Mewar Finlease Pvt. Ltd. – Respondent


Advocates:
For the Petitioner:Mr Deepak Menariya, Advocate.

JUDGMENT

1. - This criminal misc. petition under section 482 Cr.P.C. has been filed by the petitioner while challenging the order dated 09.07.2014 passed by Additional Sessions Judge No.2, Udaipur (for short 'the revisinoal court' hereinafter) in Cr.Revision Petition No.98/2013 preferred on behalf of the petitioner.

2. Brief facts of the case are that in the proceedings under section 138 of the Negotiable Instrument Act, pending against the petitioner, the petitioner moved an application under section 91 Cr.P.C. with a prayer for summoning certain documents. The Special Judicial Magistrate, N.I.Act No.1, Udaipur (for short 'the trial court' hereinafter) has rejected the said application while observing that the petitioner moved the said application after a delay of about two years. It has also been observed that in a case, instituted against the petitioner in the year 2007, the petitioner did not appear and was summoned through bailable warrant. On 11.11.2010, he was declared absconder and appeared on 08.03.2011 and on the same day, charges were read over to him. The trial court was of the opinion that the petitioner had moved the said application on 12.06.2013 with intent to delay





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