S.B. Cr. Misc. Petition No.891/09 Jagdeep Arora v. State of Rajasthan and another Date of order: 03rd July, 2009 HON'BLE MR JUSTICE KISHAN SWAROOP CHAUDHARI Mr C.S. Kotwani, for the petitioner Mr Mahipal Bishnoi, P.P. Heard learned counsel for the petitioner. The trial court vide order dated 19th July, 2008 directed the Branch Manager, Bank of India to produced statement of accounts from 01-4-2001 to 31-5-2001 of firm P.K. Seeds as petitioner admitted in his statement dated 28.1.2005 that he can produce statement from the Bank but petitioner revealed before the trial court that the Bank has refused to give statement and later on petitioner refused to produce the statement. In such circumstances, Manager of the Bank was directed to produce copy of the statement. Revision filed by the petitioner against this order was dismissed vide order dated 07th February, 2009. Learned counsel for the petitioner submitted that such statement can not be called to fill up lacuna of the prosecution, hence, petition may be accepted and impugned order may be quashed. The petitioner himself admitted that he can produce statement of the Bank account and later on he declined to submit the statement. In such circumstances, trial court has not committed any error in directing Manager of the Bank to produce the statement, which previously the petitioner admitted to produce but as per petitioner, Bank authorities refused to give the statement to the petitioner. Merely by summoning statement of account, it can not be presumed that the statement is called to fill up lacuna of the prosecution. In such circumstances, this petition is liable to be dismissed at this stage. Hence, this petition under sec.482 CrPC is hereby dismissed. [KISHAN SWAROOP CHAUDHARI],J. mma