1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. Criminal Misc. Petition No. 572/09 Gurcharan Singh Vs. State of Rajasthan & Anr. Date of order : 13/04/2009 HON'BLE MR.H.R.PANWAR,J. Mr. S.S.Dhillon on behalf of Mr. H.S.S.Kharlia for the petitioner. By the instant criminal misc. petition under Section 482 Cr.P.C., the petitioner has challenged the order dated 7.3.2009 passed by learned Sessions Judge, Hanumangarh in Cr.Appeal No.118/08 whereby application filed by the petitioner under Section 91 Cr.P.C. for summoning the Cash Book, Balance Sheet and details regarding Income-tax and Sales-tax was dismissed. I have heard learned counsel for the petitioner. Learned counsel for the petitioner submits that the application under Section 91 Cr.P.C. can be filed at any stage of the proceedings and it is not necessary that it should be filed before the trial court only. 2 An appeal is pending before the appellate court against the judgment and order passed by the Judicial Magistrate, Ist Class, Hanumangarh dated 10.09.2008 for the offence under Section 138 of the Negotiable Instrument Act. Admittedly, the petitioner did not move before the appellate court for producing the additional evidence, on the contrary moved an application under Section 91 Cr.P.C. for summoning of some documents mentioned therein. In my view, the appellate court was justified in dismissing the application when the petitioner did not move for producing additional evidence and in absence of such request, summoning of documents is a futile exercise. No case for interference is made out. The criminal misc. petition is therefore, dismissed. (H.R.PANWAR), J. rp 3 S.B.Cr. Misc. Stay Petition No. 797/09 In S.B.Cr. Misc. Petition No. 572/09 Date of Order : 13/04/2009 HON'BLE MR. JUSTICE H.R.PANWAR Mr. S.S.Dhillon on behalf of Mr. H.S.S.Kharlia for the petitioner. Since the criminal misc. petition itself has been dismissed, the stay petition also stands dismissed. (H.R.PANWAR), J. rp