Case Note & Summary
The petitioners, M/s Ascent Ventures and its partners, filed a criminal writ petition under Article 227 of the Constitution of India challenging the order dated 14.11.2025 passed by the learned 11th Additional Chief Judicial Magistrate, Aurangabad, in S.C.C. No. 6253 of 2019. The impugned order rejected the petitioners' 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 petitioners are accused in a complaint filed by Dr. Sachin Gopalrao Saoji under Section 138 of the Negotiable Instruments Act, 1881, arising from a transaction involving a registered sale deed dated 25.07.2012 for a portion of land bearing Gat No. 15 at Fatehpur, Aurangabad. The petitioners contended that the complainant had suppressed the sale deed and that there was an assurance that if the land area was less than agreed, the price would be proportionately reduced. They sought to produce six documents: (A) Sale Deed dated 25.07.2012, (B) Correction Deed dated 05.09.2014, (C) Revised Development Permission dated 18.10.2012, (D) Revised Development Permission dated 28.09.2023, (E) TILR Map showing revised demarcated layout on Gat No. 14, and (F) Divyamarathi Newspaper dated 19.05.2014. The trial court rejected the application on the ground that the documents were not filed at the initial stage. The High Court, after hearing both sides, held that Section 294 CrPC does not impose any bar on filing documents at a later stage and that the documents are relevant for the defence. The court set aside the impugned order and directed the trial court to allow the application and proceed under Section 294 CrPC. The court also noted that similar applications were filed in all four complaints under Section 138 of the NI Act.
Headnote
A) Criminal Procedure - Section 294 CrPC - Admission or Denial of Documents - The accused filed an application under Section 294 CrPC seeking permission to produce certain documents and for a direction to the complainant to admit or deny them. The trial court rejected the application on the ground that the documents were not filed at the initial stage. The High Court held that Section 294 CrPC does not impose any bar on filing of documents at a later stage and that the documents are relevant for the defence. The court set aside the impugned order and directed the trial court to allow the application and proceed under Section 294 CrPC. (Paras 1-10) B) Negotiable Instruments Act, 1881 - Section 138 - Dishonour of Cheque - Defence Documents - The accused sought to produce a sale deed, correction deed, development permissions, and other documents to show that the complainant had suppressed material facts and that there was an assurance regarding reduction of price. The High Court held that these documents are relevant for the defence and the accused should be permitted to produce them. (Paras 2-4, 10)
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 impugned order dated 14.11.2025 passed below Exh. 36 in S.C.C. No. 6253 of 2019 by the learned 11th Additional Chief Judicial Magistrate, Aurangabad, is set aside. The application (Exh. 36) is allowed. The trial court is directed to proceed under Section 294 CrPC and issue direction to the complainant to admit or deny the documents.
Law Points
- Section 294 CrPC permits admission or denial of documents at any stage
- no bar on filing documents after initial stage
- documents relevant for defence must be allowed
