Cheque dishonour cases: accused cannot compel complainant's documents under Section 91 CrPC before defence stage.

In a prosecution for cheque dishonour under Section 138 of the Negotiable Instruments Act, the accused cannot, as of right, use Section 91 CrPC to compel the complainant to produce documents at the pre-defence stage. The statutory presumptions under Sections 118 and 139 operate once execution of the cheque is admitted, while the complainant retains the initial burden to prove the transaction and funds in the manner chosen by him. The trial court's refusal to summon the documents was a proper exercise of discretion, and no interference was warranted under Section 482 CrPC.

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Issues: Whether an accused in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 can invoke Section 91 of the Code of Criminal Procedure, 1973 to compel the complainant to produce documents at the pre-defence stage, and whether refusal to summon such documents warranted interference under Section 482 of the Code of Criminal Procedure, 1973.

Analysis: The statutory presumption under Sections 118 and 139 of the Negotiable Instruments Act, 1881 operates once execution of the cheque is admitted, but the complainant retains the initial burden to show the transaction and availability of funds. That burden, however, is to be discharged by the complainant in the manner chosen by him; the accused cannot direct the complainant to produce evidence in a particular form or compel production of documents merely to delay or condition cross-examination. In a prosecution under Section 138, the accused is not entitled, as of right, to insist on summoning the complainant's documents under Section 91 of the Code of Criminal Procedure, 1973 for the purpose of confronting the complainant before the defence stage.

Conclusion: The refusal to summon the documents was not erroneous and no interference was called for in exercise of inherent jurisdiction.

Ratio Decidendi: In a cheque dishonour prosecution, the accused cannot compel the complainant to produce documents through Section 91 of the Code of Criminal Procedure, 1973 merely to shape the complainant's mode of proof, and the trial court's refusal to do so is a proper exercise of discretion.

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