Premature Section 91 document summons declined where cross-examination was pending and no failure of justice was shown.

In a prosecution under Section 138 of the Negotiable Instruments Act, the Court noted that a request under Section 91 CrPC for income tax returns and related records, including agreement, cheque book details and savings account particulars, was premature because complainant evidence was still ongoing and cross-examination had not been completed. The accused could raise the defence by confronting the complainant in cross-examination, and no exceptional circumstance or failure of justice was shown to justify interference under Section 482 CrPC. The refusal to summon the documents was therefore upheld.

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Issues: Whether the refusal to summon the complainant's income tax returns and connected documents under Section 91 of the Code of Criminal Procedure, 1973, in a prosecution under Section 138 of the Negotiable Instruments Act, 1881, called for interference under Section 482 of the Code of Criminal Procedure, 1973.

Analysis: The application under Section 91 of the Code of Criminal Procedure, 1973 sought multiple documents, including income tax returns, agreement, cheque book details and savings account particulars. The complainant stated that he was a retired person and did not file income tax returns. The record also showed that complainant evidence was still ongoing and cross-examination had not yet been completed. In these circumstances, the accused could raise the relevant defence by confronting the complainant in cross-examination, and the request for summoning documents at that stage was premature. No failure of justice or exceptional circumstance was shown to justify invocation of the inherent jurisdiction.

Conclusion: The refusal to summon the documents did not warrant interference, and the petition was rightly dismissed.

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