Case Note & Summary
The petitioners, M/s Ascent Ventures and its partners, filed a criminal writ petition before the Bombay High Court challenging the order dated 14.11.2025 passed by the 11th Additional Chief Judicial Magistrate, Aurangabad, in S.C.C. No. 4454 of 2019. The magistrate had rejected their application under Section 294 of the Code of Criminal Procedure, 1973 (CrPC) seeking permission to produce certain documents and for a direction to the complainant to admit or deny them. The dispute arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by Dr. Sachin Gopalrao Saoji against the petitioners. The petitioners sought to produce six documents: a sale deed dated 25.07.2012, a correction deed dated 05.09.2014, revised development permissions dated 18.10.2012 and 28.09.2023, a TILR map, and a newspaper clipping dated 19.05.2014. They argued that these documents were relevant to their defence, particularly regarding the assurance by the complainant to reduce the price if the land area was less than agreed. The complainant opposed the application, contending that Section 294 CrPC only contemplates admission or denial of documents already on record and cannot be used to introduce new documents at a later stage. The trial court rejected the application, holding that the documents were not filed earlier and could not be permitted at that stage. The High Court, after hearing both sides, allowed the petition. It held that Section 294 CrPC does not bar the filing of documents at a later stage; it only provides a procedure for admission or denial. The court emphasized that the accused is entitled to a fair opportunity to defend and that the documents sought to be produced were relevant to the defence. The court set aside the impugned order and directed the trial court to allow the application, permitting the petitioners to produce the documents and directing the complainant to admit or deny them within a specified time.
Headnote
A) Criminal Procedure Code - Section 294 CrPC - Admission or Denial of Documents - The provision only contemplates the procedure for admission or denial of documents and does not bar the filing of documents at a later stage. The trial court erred in rejecting the application on the ground that documents were not filed earlier. (Paras 6-8) B) Negotiable Instruments Act, 1881 - Section 138 - Dishonour of Cheque - Defence Documents - The accused is entitled to produce documents relevant to the defence, including sale deed, correction deed, and development permissions, to substantiate the defence. The court must allow such documents to ensure a fair trial. (Paras 2-4, 8) C) Criminal Procedure Code - Section 294 CrPC - Direction to Admit or Deny - Once documents are permitted to be produced, the court can direct the complainant to admit or deny them under Section 294 CrPC. The application was maintainable and ought to have been allowed. (Paras 6-8)
Issue of Consideration
Whether the trial court was justified in rejecting the application under Section 294 CrPC filed by the accused seeking permission to produce documents and for direction to the complainant to admit or deny them.
Final Decision
The petition is allowed. The impugned order dated 14.11.2025 is set aside. The application Exh. 20 in S.C.C. No. 4454 of 2019 is allowed. The petitioners are permitted to produce the documents mentioned in the application. The trial court shall direct the complainant to admit or deny the documents within a specified time.
Law Points
- Section 294 CrPC permits admission or denial of documents
- does not bar filing of documents at later stage
- accused entitled to fair opportunity to defend
- documents relevant for defence must be allowed
