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TMI Blog2019 (2) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... t has observed that the complainant did not mentioned about this fact. This finding of the learned Revisional Court is found correct. Apart from that, it is also evident that the evidence stage of complainant/respondent is going on and complainant was not cross-examined yet, therefore, petitioner/accused can put up his defence by asking question to the complainant and thereafter the respondent/complainant will clarify his position then only the petitioner/accused will be entitled to put up such application before the learned trial Court. It does not appear that it is a case of failure of justice or a case in which interference can be made by invoking the extra ordinary jurisdiction of the Court - petition dismissed. - M.Cr.C. No.495 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. 3. Petitioner/applicant has appeared before the learned lower Court, and the lower Court was framed the charge against the petitioner/accused and matter was fixed for evidence of the complainant then the petitioner/accused filed an application under Section 91 of the Cr.P.C. For seeking income tax return of the complainant/respondent, as the same would be required for cross-examination. Learned lower Court has dismissed his application then the petitioner/accused again filed a revision against that order. Revisional Court has also dismissed the said revision. 4. According to the petitioner/accused, learned trial Court has committed a gross error of law in rejecting the said application of the present applicant/petitioner. Impug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as a loan, and same is said to be defence of the complainant/respondent is not financial capable to advance such huge loan to the applicant/petitioner. Therefore set-aside the order and lower court may be directed to call the income tax return of the complainant/respondent for proper cross-examination of the complainant in the interest of justice. 6. Learned counsel for the respondent/complainant submits that the accused/petitioner has filed the aforesaid application before the trial Court just to delay of the trial whereas the the complainant evidence has not been completed yet. The accused/petitioner has liberty to ask all the questions to the complainant during his cross-examination. He also submits that the complainant is a reti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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