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HARKESH MANUJA, J. (ORAL).-- By way of present petition filed under Section 482 CrPC, prayer has been made for setting aside of the order dated 03.08.2022 passed by learned Sub-Divisional Judicial Magistrate, Sohna, District Gurugram whereby an application under Section 91 of CrPC filed at the instance of petitioner-accused with the following prayer stands dismissed:

"Hence, along with it is requested by submitting the application that the Manager of Punjab National Bank Branch Sohna, District Gurugram be directed to provide the statement of the account of the complainant of 2013 14 for which the cheque has been issued in lieu of the loan has been stated may kindly be summoned and may kindly pass the appropriate order, in the interest of justice."

2. Having been arrayed as an accused in complaint under Section 138 of Negotiable Instruments Act. 1881, the petitioner was facing trial. The respondent-complainant while appearing as CW-1 in order to prove his financial resources deposed that he was having one account in Punjab National Bank, Sohna Branch, Gurugram where he was having Rs.14-15 lakhs, however, he did not disclose the said account number. Faced with this, the petitioner in order to rebut the same, moved an application under Section 91 of CrPC with a prayer for directing the Manager of Punjab National Bank, Sohna Branch, Gurugram to provide the statement of account of the complainant relating to the financial year 2013-14. The said application was opposed at the instance of respondent-complainant.

3. The trial Court vide order dated 03.08.2022 dismissed the application filed at the instance of petitioner. The primary reason for declining the application filed at the instance of petitioner-accused was that the power to summon any document on file is vested with the Court or the Officer In-charge of the Police Station and thus, the application moved at the instance of petitioner-accused could not be entertained. The aforesaid approach of the trial Court appears to be misconceived.

4. Section 91(1) of CrPC is reproduced hereunder for reference:-

"(1) Whenever any Court or any officer-in-charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order."

5. A perusal of the aforesaid provision shows that the power under Section 91 CrPC vests with the Court or any other officer In charge of a police station. In such circumstances, the said power can be exercised either by the Court on its own or even on an application moved by either of the parties to the trial and any such restricted interpretation as understood by the trial Court would defeat the very object of the provision thereby, excluding the parties to the trial to make a prayer before the Court seeking production of documents, relevant for the purposes of trial.

6. In view of the discussion made hereinabove, the impugned order dated 03.08.2022 passed by Sub-Divisional Judicial Magistrate, Sohna is set aside and the matter is remanded back to the trial Court to adjudicate upon the application moved at the instance of petitioner afresh on merits.

Order accordingly.

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