Case Note & Summary
The petitioners, accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed an application under Section 294 of the Code of Criminal Procedure, 1973 seeking permission to produce certain documents and for a direction to the complainant to admit or deny them. The documents included a registered 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 publication. The petitioners contended that these documents were relevant to their defence and that the sale deed had been deliberately suppressed by the complainant. The complainant opposed the application, arguing that Section 294 CrPC only contemplates admission or denial of documents and that the documents should have been filed earlier. The learned 11th Additional Chief Judicial Magistrate, Aurangabad, by order dated 14.11.2025, rejected the application. The petitioners then approached the High Court by way of a criminal writ petition. The High Court examined the scope of Section 294 CrPC and held that the provision does not impose any time limit for production of documents. The court observed that the documents sought to be produced were relevant for the just decision of the case and that the accused should be permitted to place them on record. The court further noted that similar applications had been filed in all four complaints instituted by the complainant. The High Court set aside the impugned order and allowed the application, directing the complainant to admit or deny the documents within a specified period.
Headnote
A) Criminal Procedure - Section 294 CrPC - Production of Documents - The accused sought to produce sale deed, correction deed, development permissions, TILR map and newspaper to support defence in a cheque dishonour case under Section 138 NI Act - The Magistrate rejected the application on the ground that documents were not filed earlier - Held that Section 294 CrPC does not impose any time limit and the court has discretion to permit production at any stage if relevant for just decision - Impugned order set aside, application allowed (Paras 1-10).
Issue of Consideration
Whether the Magistrate can refuse permission to produce documents under Section 294 CrPC on the ground that they were not filed earlier
Final Decision
The impugned order dated 14.11.2025 is set aside. Application Exh. 36 in S.C.C. No. 7117 of 2019 is allowed. The petitioners are permitted to produce the documents. The complainant shall admit or deny the documents within a period of four weeks from the date of production.
Law Points
- Section 294 CrPC permits production of documents at any stage
- admission or denial is a procedural step
- documents relevant for defence must be allowed
