MISC. CRIMINAL CASE No. 1058/2012
15.02.2012
Shri Manish Manana, counsel for applicant.
Shri Deepak Rawal, G.A. for Respondent/State.
This petition is arising out of an order dated
24.1.12 passed by the VI A.S.J. Ujjain refusing to summon
records from the complainant relating to the previous
business between the parties for the purpose of cross-
examination. The record summoned, is record pertaining to
the earlier business transactions which only show that the
cheque issued was security cheque but without laying out the
foundation.
2. Petitioner submits, that in cross-examination the
complainant has admitted, that there was a previous business
going on between the complainant and the petitioner.
Petitioner thus wants to summon all the records of the
account maintained by the complainant with respect to his
earlier transactions. According to petitioner the cheque in
question, was given as a security cheque. However, for the
purpose of laying out foundation of summoning the record, the
petitioner is required to go in defence as stage of laying of
defence evidence if at that stage necessity arises. However,
for the purpose of cross-examining him the petitioner can
always move an appropriate application under S. 311 Cr.P.C.
3. As on date the application pre-mature. Dismissed.
C.C. as per rules.
(M.C.Garg)
b/ JUDGE