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IN THE HIGH COURT OF MADHYA PRADESH
Subodh Abhyankar, J
Mayank Sharma v. Vishal Sharma
| Table of Content |
|---|
| 1. admission hearing. (Para 1) |
| 2. factual summary of case. (Para 2 , 3) |
| 3. arguments presented by both parties. (Para 4 , 5) |
| 4. court's observations on jurisdiction. (Para 6) |
| 5. principles of superintendence under art. 227. (Para 7 , 8) |
| 6. distinguishing related case law. (Para 9) |
| 7. final decision and order. (Para 10 , 11) |
1. Heard on admission.
2. This petition has been filed by the petitioner / accused under Art.227 of the Constitution of India against the order dated 29.11.2017 passed by the Judicial Magistrate First Class, Bhopal in RCT / 9808370/2012 whereby the petitionerâ's application under S.91 of Cr.P.C. for production of income tax return of the complainant has been rejected.
3. In brief the facts of the case are that a private complaint under S.138 of the Negotiable Instruments Act has been filed by the respondent against the petitioner in the Court of JMFC Bhopal wherein the petitioner has filed an application under S.91 of Cr.P.C. with a prayer that the complainant be directed to produce the income tax returns for the year 2011-12 and 2012-13, as the defence of the accused is that the complainant had no money to pay him and has made a false admission in hi
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