Section 91 CrPC cannot be used at the initial stage to summon documents for an accused's defence in a cheque case.

In a complaint under Section 138 of the Negotiable Instruments Act, an accused cannot claim an enforceable right to invoke Section 91 CrPC at the initial stage to summon the complainant's bank or income-related records. The power under Section 91 is discretionary and depends on the court being satisfied that the material is necessary or desirable for the proceeding. At the stage of stating particulars of the offence, the defence is ordinarily not to be examined, and a request aimed at testing the complainant's source of funds was treated as an impermissible enquiry. Non-filing of income tax returns, by itself, was also found insufficient to undermine the complainant's case.

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Issues: Whether an accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881 can invoke Section 91 of the Code of Criminal Procedure, 1973 at the initial stage to summon the complainant's bank and income-related documents.

Analysis: The power under Section 91 of the Code of Criminal Procedure, 1973 is discretionary and depends on the Court's satisfaction that the document sought is necessary or desirable for the proceeding. At the stage when particulars of the offence are to be stated, the defence of the accused is not ordinarily to be examined, and the accused has no enforceable right to compel production of documents to establish his defence. The requested documents were sought to test the complainant's source of funds and the Court found that such a request would amount to an impermissible enquiry at the initial stage. Non-filing of income tax returns by itself was also treated as insufficient to dislodge the complainant's case.

Conclusion: The application under Section 91 of the Code of Criminal Procedure, 1973 was not maintainable at the initial stage, and the refusal to summon the documents was upheld against the petitioner.

Ratio Decidendi: An accused cannot claim a right under Section 91 of the Code of Criminal Procedure, 1973 to summon documents for the purpose of proving his defence at the initial stage of trial; the Court may exercise that power only when it is satisfied that the production is necessary or desirable for the proceeding.

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