ORDER

The present petition is filed u/S.482 Cr.P.C challenging the order dated 2.8.2022 passed by JMFC, Sendhwa, District Barwani in Case No.SCNIA 1053/2016 whereby the application filed by the applicant u/S.91 of Cr.P.C has been rejected.

2. The facts of the case are that the respondent/complainant filed a case against the applicant u/S.138 of Negotiable Instrument Act before JMFC, Sendhwa, district Barwani registered as SCNIA 1053/2016. The complainant has alleged in the pleading that the complainant took a loan for his personal business needs and from the loan amount complainant gave cash amount to the present petitioner. The petitioner filed an application u/S.91 Cr.P.C seeking production of statement of accounts and income tax return for the year 2014-15 to 2017-18. By the impugned order, the trial court has rejected the said application mainly on the ground that the application was filed after more than five years. The complaint case is pending since 2016 and the case is fixed for complainant's evidence since 8.11.2017. As per the provision of Section 138 of Negotiable Instrument Act, the complainant has to prove that there is a legally recoverable debt payable by th