Mohd. Irfan, Vs M/s. Kesari Fibres Pvt. Ltd.

The petitioners/accused wanted to mark a computer generated bank statement as document initially under Section 294 Cr.P.C. When the complainant did not give consent for marking the same, the Court rightly did not invoke Section 294 Cr.P.C for marking the said document. Then the accused came forward with a prayer under Section 311 Cr.P.C to summon the Bank Manager for marking the said statement of account. Marking the statement of account was not relevant having regard to the facts and circumstances of the case. It is contended by the

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petitioner’s counsel that to show their bonafides, the accused wanted to mark the bank statement. Proof of bonafides has no relevance in criminal trial for the offence under Section 138 of the Negotiable Instruments Act, 1881. The questions to be considered is whether the cheque which was dishonoured was issued towards repayment of a legally enforceable debt and the circumstances under which the accused gave stop payment instructions to the bank, are matters of evidence and the bank statement will not lead the Court anywhere in deciding the same.

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2) When the matter is posted for arguments in the lower Court, the accused began coming up with one request or the other, apparently for the purpose of prolonging disposal of the case. The lower Court rightly found no merits in the petition for permission to examine witness on behalf of the accused.

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3) Hence, the criminal petition is dismissed.

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July 03, 2012 ksh

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_______________________________ SAMUDRALA GOVINDARAJULU, J

Mohd. Irfan, v. M/s. Kesari Fibres Pvt. Ltd.

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Mohd. Irfan, v. M/s. Kesari Fibres Pvt. Ltd.

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