Dismissed

Prahlad Gurjar v. Rajkumar Chhabra and Anr.

Rajasthan HC6 Apr 2017CRLMP/79/2017

Case brief

AI extract

What is this about?

Petitioner challenged the rejection of his application to summon the complainant's income tax and bank documents in a cheque bounce case. The single-judge High Court held the summons unnecessary, noting the petitioner could use his own bank statements and residence proof as defense evidence. The petition was dismissed.

What did the court decide?

Miscellaneous petition dismissed; stay application disposed of.

Prahlad Gurjar Vs Rajkumar Chhabra and Anr. — Cheque Dishonour | Rajasthan HC (2017)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Misccellaneous (Petition) No. 79 / 2017

¶3

Prahlad Gurjar S/o Shri Narayan Gurjar, R/o House No. 124, Krishna Colony, Behind Mangodi Walon Ki Bagichi Brahmpuri, Jaipur (Raj.)

¶4

----Petitioner

¶5

Versus

¶6

Rajkumar Chhabra, S/o Shri Kapoor Chand Chhabra, R/o House

¶7

No. 1118, Maniharon Ka Rasta, Kishanpole Bazar, Jaipur (Raj.)

¶8

State of Rajasthan through the Public Prosecutor

¶9

----Respondents

¶10

_____________________________________________________ For Petitioner(s) : Mr. Deepak Soni

¶11

For Respondent(s) : Mr. Rishi Raj Singh, PP

¶12

HON'BLE MR. JUSTICE PANKAJ BHANDARI

¶13

Judgment / Order

¶14

06/04/2017

¶15

Petitioner has preferred this misc. petition aggrieved by order dated 27.10.2016 and 08.12.2016, whereby, the application filed by the petitioner for summoning the income tax return, balance-sheet and pan-card bank details were rejected.

¶16

It is contended by the counsel for the petitioner that the petitioner has only received Rs.75,000/- form the complainant and the notice of cheque dishonor was not served upon him.

¶17

My attention was drawn towards the statements of the petitioner recorded under Seciton 313 Cr.P.C.

¶18

(2 of 2)

¶19

[CRLMP-79/2017]

¶20

I have considered the contentions.

¶21

If the petitioner has received only Rs.75,000/- by cheque, he can produce his bank statements and if he was not residing at the address where notice of dishonor was sent, he can produce the residence proof in his defence evidence.

¶22

There was no occasion for the Court below to summon the income tax returns or the pan card details of the complainantpetitioner. The Court below has not committed any illegality in passing the impugned order. The petitioner is entitled to produce his bank statement, his residence proof in his defence evidence.

¶23

In view of above, the misc. petition is dismissed. Stay application also stands disposed of.

¶24

(PANKAJ BHANDARI)J.

¶25

Arti/50

Prahlad Gurjar v. Rajkumar Chhabra and Anr.

Case brief

What is this about?

What did the court decide?

Prahlad Gurjar v. Rajkumar Chhabra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Moolchand Vs State of Rajasthan through P P.

Madan Lal and Others Vs Om Prakash and Others

Lakshman Singh Vs President Lakshmanpura and Anr.

Khalil Ahamed Vs State of Rajasthan and Anr.

Ramesh Vs State of Rajasthan through Pp

Vishal Singh Vs State of Rajasthan through P P