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2021 Supreme(UK) 591

RAVINDRA MAITHANI
Akshay Kashyap – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates Appeared:
Mr. Bharat Singh, Advocate, for the Appellant; Mr. J.S. Virk, Dy.GA with Mr. Rohit Dhyani, Brief Holder for the State; Mr. Mehboob Rahi, Advocate, for the Respondent.

JUDGMENT

Ravindra Maithani, J. (Oral) - The instant petition filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code), challenges the order dated 29.01.2021 passed in Criminal Revision No.09 of 2021, Akshay Kashyap vs. Rakesh, by the court of learned District and Sessions Judge, Udham Singh Nagar, (for short " the revision") by which an order dated 03.11.2020, passed in Criminal Case No.2244 of 2018, Rakesh Kumar vs. Akshay, passed by the court of learned Additional Chief Judicial Magistrate Kashipur, District Udham Singh Nagar, (for short "the case") has been confirmed. By the order dated 03.11.2020 passed in the case, an application filed by the petitioner under Section 91 of the Code, has been dismissed.

2. The case is pending under Section 138 of the Negotiable Instruments Act, 1888 (for short "the Act") against the petitioner. At the stage of argument an application under Section 91 of the Code was moved by the petitioner for requisitioning certain documents relating to the firm of the respondent no.2, who is the complainant of the case. By the order dated 03.11.2020 passed in the case the application has been rejected. The learned t

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