AI Overview...
- Section 91 CrPC - Main points and insights:
- Section 91 CrPC allows a party to summon documents or evidence necessary for the case, including those related to agreements or account books in cheque bounce cases under Section 138 of the Negotiable Instruments Act (NI Act) Vijai Singh Kulhari VS State of Rajasthan - Rajasthan, Sunil Kumar VS Aadeshwar Finance - Rajasthan, Basant Kumar Jain VS State of Rajasthan - Rajasthan, Basant Kumar Jain VS State of Rajasthan - Dishonour Of Cheque, CLG Institute VS Surendra Kumar - Rajasthan.
- Several cases highlight the importance of proper application under Section 91 for summoning documents; however, courts have often dismissed such applications if they are vague, belated, or deemed an abuse of process Jalil Mohammed VS State of Rajasthan - Rajasthan, Rajendra Nandwana VS M/s Mewar Finlease Pvt. Ltd. - Rajasthan, Vinod Kumar Sharma VS Satpura Narmada Kshetriya Gramin Bank - Madhya Pradesh, Ram Ratan Singh Bisht VS State of Uttarakhand - Uttarakhand.
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The admissibility and relevance of agreements or documents under Section 91 are subject to judicial discretion, often requiring clear, specific, and timely requests Vijai Singh Kulhari VS State of Rajasthan - Rajasthan, Sunil Kumar VS Aadeshwar Finance - Rajasthan.
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Analysis and Conclusion:
- Courts generally recognize Section 91 CrPC as a vital tool to obtain necessary documents in cheque bounce cases but emphasize that such applications must be made properly and in a timely manner.
- The courts have cautioned against misuse or abuse of Section 91 applications, especially if filed belatedly or without proper grounds.
- In cases under Section 138 NI, the maintainability of applications under Section 91 depends on the clarity, relevance, and timeliness of the request, with courts tending to dismiss vague or delayed petitions to summon documents Jalil Mohammed VS State of Rajasthan - Rajasthan, Rajendra Nandwana VS M/s Mewar Finlease Pvt. Ltd. - Rajasthan.
- Overall, Section 91 CrPC is a significant procedural provision that, when used appropriately, can aid in establishing facts but is subject to judicial scrutiny to prevent misuse in cheque dishonor cases.
Search Results for "91 Crpc in 138 Negotiable"
2013 0 Supreme(Raj) 628 • India - Rajasthan
R.S.CHAUHAN
Agreement - Relevance of Agreement in Cheque Bounce Case - Section 138 Negotiable Instruments Act - Section 91 CrPC, Section 311 ... Issues: Relevance of the agreement in the cheque bounce case, admissibility of the agreement under Section 91 CrPC, and maintainability ... Section 138 of the Negotiable Instruments Act. ... The petitioner moved an application under Section 91#H....
2015 0 Supreme(Raj) 1362 • India - Rajasthan
VIJAY BISHNOI
Criminal Procedure Code, 1973 Section 91 Negotiable Instruments Act, 1881 Section 138 – application u/s 91 of CrPC wherein the Petitioner ... contended that no-hire purchase agreement was signed by him was dismissed by the court- present petition is filed u/s482 of CrPC ... RJ-07-P 3111 has falsely implicated the petitioner in the complaint under Section 138 of #HL_STAR....
2022 0 Supreme(MP) 229 • India - Madhya Pradesh
RAJENDRA KUMAR VERMA
C., 1973 -- S. 91 -- Negotiable Instruments Act, 1881 -- S. 138 -- application u/s. 91 of CrPC not maintainable at stage of framing ... && /kkjk 138 && naM izfØ;k lafgrk dh /kkjk 91 ds v/khu vkosnu vkjksi dh fojpuk ds izØe ij pyus ;ksX; ugha && viuh funksZf"krk lkfcr ... C., 1973 -- S. 91 -- necessity and desirability of documents established -- trial Court ought to hav....
2015 0 Supreme(Raj) 1486 • India - Rajasthan
VIJAY BISHNOI
Negotiable Instruments Act, 1881 Section 138 Criminal Procedure Code, 1973 Section 482 – Cheque dishonored in the dispute – held ... Brief facts of the case are that during the pendency of proceedings under Section 138 Negotiable Instrument Act, the petitioner ... filed applications under Section 91 Cr.P.C. and prayed that the complainant-respondent No.2 may be directed to produce the a....
• India - Dishonour Of Cheque
VIJAY BISHNOI
Negotiable Instruments Act, 1881—Section 138—Criminal ... Procedure Code, 1973—Section 91—Dishonour of cheque—Production of Account Books—Since complainant has ... Brief facts of the case are that during the pendency of proceedings under Section 138 Negotiable Instrument Act, the petitioner filed ... applications under Section 91 Cr.P.C. and prayed that the complainant-....
2014 0 Supreme(Raj) 1348 • India - Rajasthan
VIJAY BISHNOI
Fact of the Case: The petitioners sought to summon certain documents in a case under section 138 of the Negotiable ... Section 91 Cr.P.C. - Summoning of Documents - The court dismissed the petitioners' application to summon certain documents, stating ... Issues: The main issue was the dismissal of the petitioners' application to summon documents under section 91 Cr.P.C. ... In the pr....
2014 0 Supreme(MP) 1560 • India - Madhya Pradesh
S.K.PALO
Negotiable Instrument Act - Loan Dispute - Section 138 of Negotiable Instrument Act - Section 91 of Cr.P.C. ... The bank filed a complaint under Section 138 of the Negotiable Instrument Act when the cheques were dishonored. ... Ratio Decidendi: Vague description of documents under Section 91 of Cr.P.C. does not entitle the petitioner....
2014 0 Supreme(Raj) 1537 • India - Rajasthan
VIJAY BISHNOI
Cr.P.C. in proceedings under Section 138 of the Negotiable Instrument Act. ... CRIMINAL PROCEDURE CODE, 1973 - SECTION 91 - APPLICATION FOR SUMMONING OF DOCUMENTS - ABUSE OF PROCESS OF COURT - DISMISSAL OF ... Issues: Whether the petitioner's application under Section 91 Cr.P.C. was an abuse of process of the Court. ... Cr.P.C. in the proceedings unde....
2014 0 Supreme(Raj) 1899 • India - Rajasthan
VIJAY BISHNOI
Cr.P.C. in a case under section 138 of the Negotiable Instrument Act. ... Delay - Summoning of Documents - The court dismissed the application for summoning certain documents under section 91 Cr.P.C. ... petition challenging the order of the revisinoal court, which rejected the application for summoning certain documents under section 91 ... Brief facts of the case are that in the proce....
2022 0 Supreme(UK) 191 • India - Uttarakhand
SHARAD KUMAR SHARMA
of CrPC - No interference under Section 482 Fact of the Case: A complaint case under Section 138 of the Negotiable ... CrPC, Interference under Section 482 of CrPC Ratio Decidendi: The filing of a belated application under Section 91 of CrPC ... The application under Section 91 of CrPC for summoning a witness for re-examination was a misconception. ......
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