SHRI SANTDAS H.P. GAS GRAMIN VITRAK v. RAMKISHAN YADAV S/O SHRI RAMDAYAL
CRLMP/3883/2025 · 2025-07-29
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22895 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22895 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:28600] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3883/2025
1. Shri Santdas H.P. Gas Gramin Vitrak, Harsoli Through Partner/ Authorized Rameshchand S/o Shri Ramjilal Aged About 50 Years, R/o Khatik Mohalla Harsoli, Tehsil Kotkasim District Alwar (Raj.)
2. Shri Santdas H.P. Gas Gramin Vitrak, Harsoli, Through Partner/ Authorized Suman Devi W/o Rameshchand Aged About 45 Years, R/o Khatik Mohalla Harsoli, Tehsil Kotkasim District Alwar (Raj.) ----Petitioners Versus Ramkishan Yadav S/o Shri Ramdayal, Aged About 65 Years, R/o Mandha Tehsil Mundawar District Alwar (Raj.) ----Respondent For Petitioner(s) : Mr. Pallav Choudhary For Respondent(s) : Mr. Manish Kumar HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 29/07/2025
Learned counsel for the petitioner while placing reliance upon the judgment passed by Co-ordinate Bench of this Court in Amit Arora Vs. Lalita Devi reported in 2021 (2) NIJ 7 has submitted that Income Tax Returns are necessary documents for just and fair adjudication of the proceedings initiated under the provisions of Negotiable Instrument Act, 1881 (hereinafter referred as ‘the Act’). Per contra, learned counsel for the respondent has submitted that as per the provisions of Section 143 of the Act, proceedings should be adjudicated expeditiously, preferably, within a period of
[2025:RJ-JP:28600] (2 of 2) [CRLMP-3883/2025] six months. It is further submitted that in the matter at hand, an application was filed on 26.08.2022, under the provisos of Section 91 Cr.P.C., with a prayer seeking production of documents including Income Tax Returns, however, the said application was rightly dismissed by the concerned Court for the reason that the same was filed to delay the proceedings, as the matter pertains to the year 2018. It is further submitted that no reason qua financial distress is made out apart from asking for Income Tax Return. Further, it is submitted that the concerned Court has noted that present is a summary proceedings and relied upon the various judgments qua the same. Considering the submissions made by the learned counsel for the parties, upon perusal of material available on record and taking note of the fact that in the matter at hand amount in dispute is approximately Rs. 7.50 lakhs, therefore judgment relied upon the petitioner is on distinct factual matrix as the same involves dispute qua Rs. 2.15 Crores; that impugned order dated 02.05.2025 passed by learned trial Court is a speaking order. Taking note of the aforementioned, this Court finds no reason to interfere with the present petition. In view of the above, the present petition is dismissed. Pending applications, if any, shall stand disposed of.
(SAMEER JAIN),J JKP/49