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TMI Blog2021 (6) TMI 466X X X X Extracts X X X X X X X X Extracts X X X X ..... y towards performance of the work. It is needless to say that the complainant who has filed the complaint has to prove his case. The learned Magistrate has further observed that the accused has entered into contract with the complainant/factory and it is the defence of the accused that he has taken loan from State Bank of India/Bank of India, M.K. Hubli, for which the complainant/factory stood as a corporate guarantor and that till the debt is cleared by the complainant, there can be no legally enforceable debt from the accused - To show that there is no legally recoverable debt and for that purpose, the document sought are not required. It has also observed that if the documents sought are summoned then it will be nothing but assuming t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent. At the time of execution of agreement, the complainant paid huge amount as advance to the accused to fulfill the conditions of the agreed agreement. However, as per the agreement, the accused did not supply the labour force and transport means and failed to complete and execute the work and thereby violated the terms and conditions of the agreement. Subsequently, the accused appeared before the complainant/Society and after negotiations and talks, it was found that a sum of ₹ 10,00,000/- was due from the accused and in this connection, the accused issued a cheque in favour of the complainant, bearing No. 645412 for a sum of ₹ 10,00,000/- dated 01.06.2015 drawn on Dena Bank, Halkarni branch, Kolhapur district, which came to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication without giving any proper reasons. He submits that Section 91 of the Cr.P.C. empowers the Court to issue summons to a person to produce before the Court a document as sought by the accused. In the present case and the Court would be entitled to exercise the said power. Relying on a decision of the Hon'ble Apex Court in the case of V.K. SASIKALA VS. STATE REPRESENTED BY SUPERINTENDENT OF POLICE reported in (2012) 9 SCC 771, he submits that liberty of an accused cannot be interfered and the Court gives a right to the accused to receive all documents and statements as well as to move an application for production of any record or witness in support of his case. 7. It is no doubt that Section 91 of the Cr.P.C. empowers the Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... presumption raised in favour of the holder of the cheque. In view of the concurrent findings recorded by the Trial Court as well as by the High Court we do not see any ground warranting interference with the conviction of the appellant under Section 138 of the N.I. Act. The learned Magistrate has further observed that the accused has entered into contract with the complainant/factory and it is the defence of the accused that he has taken loan from State Bank of India/Bank of India, M.K. Hubli, for which the complainant/factory stood as a corporate guarantor and that till the debt is cleared by the complainant, there can be no legally enforceable debt from the accused. Therefore, if at all if it is the case of the accused, then the acc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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