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2020 Supreme(Raj) 30

SANJEEV PRAKASH SHARMA
Merajuddin – Appellant
Versus
S. D. Gems – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sehban Naqvi

JUDGMENT :

Sanjeev Prakash Sharma, J.

1. The petitioner by way of this criminal misc. petition challenges the order dated 17th September, 2019, whereby an application moved under Section 91 Cr.P.C. calling for registration certificate of the firm, ITR and details of the firm has been rejected.

2. Learned counsel for petitioner submits that the application was moved with the purpose to establish his title at the level of complainant who claims himself to be proprietor of the firm and therefore, the application was relevant and the court ought to have called the record relating to the said documents.

3. Learned counsel relies on the judgment of the Supreme Court in the case of Milind Shripad Chandurkar Vs. M. Khan & Anr., reported in AIR 2011 SC 1588 to submit that locus to file a complaint can always be examined by the court. Learned counsel submits that for the purpose of filing complaint in relation to property concerned, the Apex Court in the aforesaid judgment has held as under:

    "22. Thus, in view of the above, the law stands crystallised to the effect that a person can maintain a complaint provided he is either a "payee" or "holder in due course" of the cheque.

23. In the instant cas

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