Jai Balaji Enerprises v. Shri Mohit S/O Kailash Mahajan
Case brief
What is this about?
Keywords: Section 91 CrPC application in Section 138 NI Act cheque-dishonour case; production/direction to produce complainant's bank account statements and income tax returns (2021–2024); rebuttal of presumption under Section 139 NI Act; alleged absence of financial capacity of complainant-lender; bank statements already on record as Ex.P13 to P17; premature writ petition before completing cross-examination of P.W.1 and without invoking liberty to renew request; liberty to seek recall of P.W.1 for further cross-examination; quash order of II JMFC Court Hubballi dt. 24.12.2024 in C.C.No.1205/2023; writ under Articles 226/227 Constitution and S.528 BNSS; High Court of Karnataka, Dharwad Bench; Justice Shivashankar Amarannavar; decision 15.04.2025; NC: 2025:KHC-D:6437.
What did the court decide?
No quashing relief; petition dismissed. Petitioners may renew their request for production of the documents after completing cross-examination of P.W.1, and are at liberty to apply for recall of P.W.1 for further cross-examination.