JUDGMENT

1. The present petition has been filed under Section 482 Cr.P.C. praying that the order dated 18.12.2018 passed by the Special Metropolitan Magistrate (N.I. Act Cases) No. 13, Jaipur Metropolitan be set aside as the trial court wrongly rejected the prayer of the petitioner under Section 91 Cr.P.C. to summon Income Tax Returns of the complainant respondent for the financial years 2012-2013, 2013-14, 2014-15 and 2015-16.

2. The petitioner had issued a cheque which on presentation had bounced. Cognizance of offence was taken after notice of accusation was served. The complainant stepped into the witness box. The petitioner conducted thorough cross-examination and in the cross-examination the complainant admitted that he has filed Income Tax Returns qua the abovesaid financial years.

3. Learned counsel for the petitioner has contended that in the midst of cross-examination an application was filed that the complainant be directed to produce the income tax returns of the above said financial year.

4. The trial court rejected the prayer of the petitioner on the ground that if the complainant has failed to prove the income tax returns, he shall suffer to his own peril.

5. Learned coun