138 nia-summoning document in a revision against cognizance

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NEED NOT REPLY TO THIS POST AS I HAVE GOT THE ANSWER IN TEH CASE LAW IMMEDIATELY AFTER THE POSTING 

SHARING FOR ANY ONE WHO MAY BE INTERESTED 

Madras High Court R.Meenakshi Sundaram vs T.V.Mylsamy on 28 June, 2007 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.06.2007 CRL.R.C.NO.1211 of 2004 and Crl.M.P.Nos.7879 & 9281 of 2004 

1) Yes Cognizance is correct.

2) It can not be.

3) Yes it has.

Dear Anand Baliji

I doubt the answer to point no 3

Pl check again!A document can be summoned only under Section 91 CrPc and the Judgment quoted by me clearly says that this cannot be done in a revision but only as an evidence in the trial court

If there was a miscarriage of justice and the revision petitioner intends to draw the attention of the court to the documentary evidence without which the trial court has decided the case against the accused, in the interest of justice the court where revision is applied for pass orders to produce the purported document relied upon by the trial court.  

Dear KalaiselvanJi

Pl see my query

The Court has just taken the cognizance and the trial has  not even begun so there is no question of deciding against the accused at this stage!

The facts are that the complainant files the complaint stating that there was an agreement between him and the accused for the amount advanced. Complainant does not attach the said agreement or even a copy of the said agreement. (In fact there is no such agreement)

Is the cognizance taken by the trial court legally correct?

Can such a cognizance be challenged for want of proper enquiry and complete reading and application of mind, by the magistrate before taking cognizance?

Does Revisional Court have power to summon the so called agreement?

And Madras HC has decided against the Power of Revisional Court calling for any documents I have quoted the case 

Madras High Court R.Meenakshi Sundaram vs T.V.Mylsamy on 28 June, 2007 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.06.2007 CRL.R.C.NO.1211 of 2004 and Crl.M.P.Nos.7879 & 9281 of 2004