Section 91 CrPC can support defence summons of financial records in a cheque dishonour trial to test complainant credibility.

In a prosecution under Section 138 of the Negotiable Instruments Act, the accused may invoke Section 91 of the Code of Criminal Procedure during cross-examination of the complainant to summon bank records and income tax returns when those documents are necessary to test the complainant's financial capacity and the source of funds. The court treated such material as relevant to an effective defence and held that the request was not barred by restrictions applicable at the stage of framing charge, because it was made during trial for confrontation. Denial of the opportunity was found inconsistent with the requirement of a fair trial under Article 21.

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Issues: Whether the accused in a complaint under Section 138 of the Negotiable Instruments Act could invoke Section 91 of the Code of Criminal Procedure, 1973 during the cross-examination of the complainant to summon documents relating to the complainant's bank account and income tax returns.

Analysis: The complainant had admitted receiving a large cash amount and stated that he had been filing income tax returns. The documents sought were directed to the source of funds and the complainant's financial capacity, both of which were material to the dispute. The restriction on production of defence material at the stage of framing charge did not govern this situation, because the request was made to confront the complainant during trial. Where documents are necessary and desirable for an effective defence and for testing the veracity of the complainant's version, the accused should be permitted to summon them. Denial of such opportunity would impair the requirement of a fair trial under Article 21 of the Constitution of India.

Conclusion: The accused was entitled to summon the documents under Section 91 of the Code of Criminal Procedure, 1973 during cross-examination of the complainant, and the trial court's refusal was unsustainable.

Final Conclusion: The impugned order was set aside, the accused's application for summoning documents was allowed, and the matter was remanded for consequential proceedings before the trial court.

Ratio Decidendi: In a trial under Section 138 of the Negotiable Instruments Act, the accused may seek summoning of documents under Section 91 of the Code of Criminal Procedure, 1973 during the prosecution evidence when those documents are necessary and desirable to test the complainant's financial capacity and to secure a fair trial.

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