ORDER

1. The petitioner has filed the present petition under section 482 of Cr.P.C being aggrieved by the order dated 8.6.2019 and 6.7.2019 passed by JMFC, Dewas in Criminal Case No.329/2018 whereby the learned trial Court has rejected the applications moved by the petitioner under section 91 of Cr.P.C.

2. Facts of the case in short are that the respondent has filed a private complaint under section 138 of N.I. Act against the petitioner on 1.5.2018 being proprietor of M/s RR Stone. As per the complaint the petitioner being a colonizer had purchased material from the complainant and also hired the services of the JCB Machine, Dumper etc. pursuant to which the petitioner has issued a Cheuqe No.035942 dated 25.3.2018 for payment of Rs.30,00,000/- in favour of the complainant. On being presented, the cheque was dishonored due to ‘insufficient funds’. Thereafter, a complaint was made on behalf of the complainant and also served a legal notice on 4.4.2018 to the petitioner and since no payment was made by the petitioner, the complaint has been filed by the respondent for recovery of the said amount.

3. Based upon the said complaint, the learned trial Court took cognizance against the petitioner on 1.5.2018 and petitioner appeared in the matter on 10.7.2018 and thereafter, the charge under section 138 of N.I. Act was framed. Thereafter, the petitioner has filed an application under section 91 of Cr.P.C. before the learned trial Court for producing Income Tax Returns and Balance sheet etc, but the learned trial Court vide order dated 8.6.2019 has dismissed the application of the petitioner by observing that the stage of the case. Thereafter,the petitioner has also moved another application under section 91 of Cr.P.C. for production of the ITR, Balance Sheet and to show the transaction between the petitioner and the complainant, but the learned Court below has dismissed the application vide order dated 6.7.2019 in absence of counsel for the petitioner. Hence, the present petition before this Court.

4. Learned counsel for the petitioner submits that the learned Court below has erred in not considering that on the basis of the documents mentioned in the application filed under section 91 of Cr.P.C., the petitioner may establish his innocence under the peculiar facts and circumstances of the case. It is further submitted that the amount as mentioned in the complaint is a huge amount of Rs.30 lacs and in all probability in usual course of business either, is reflected in the accounts book, bank account, income tax return and in the complaint should also have the Bills, Challan, royalty receipt, therefore, to protect the right of the petitioner for fair trial, all the things are necessary to be taken on record. It is further submitted that the learned trial Court has failed to consider that it is well established principle of law that free and fair trial is sine qua non of Article 21 of the Constitution of India and is main object of criminal law, therefore, it should not be hampered in any manner and fair trial must be afforded to every accused. It is further submitted that once the necessity and desirability of documents to be summoned has been established by the petitioner then the learned trial Court ought to have called the documents to confront the witnesses for doing complete justice between the parties. It is further submitted that all the documents which the petitioner has mentioned in the application are necessary in view of the provisions of section 138 of N.I. Act which draw certain presumption in favour of complainant. Hence, in view of the peculiar facts and circumstances of the case, prays for setting aside the orders of Court below and prayed for allowing the present petition.

5. In support of his contention, learned counsel for the petitioner has placed reliance over the judgment of this Court passed in the case of Shivendra Dhakre v. Narendra Sharma 2017 (3) LJL 325, Bharat Bhai Patel v. Smt. Radha Agarwal, [2014 (1) MPWN 70]