RUTHISH B.R. Vs. N. MANJUNATH

JUDGEMENT

(1.) Respondent has filed a private complaint under Sec. 200 of Cr.P.C. for the offences punishable under Sec. 138 of Negotiable Instruments Act and in the said proceedings, accused filed an application under Sec. 91 of Cr.P.C. for direction to Branch Manager, Union Bank of India, Rajanakunte Branch and Sahakaranagara Branch, to produce documents maintained in the Bank in respect of account of accused stating that subject cheque was not presented for realization by the complainant. The said application came to be rejected, against which, the present petition is filed.

(2.) Heard learned counsel for the parties.

(3.) The specific contention of the accused is that subject cheque was not presented for realization by the complainant and also the subject cheque does not bear his signature and the same was denied by the complainant in his cross- examination. The petitioner to prove the same has sought for summoning the documents from the Bank in the form of application form for opening the account, specimen signature of the card of the petitioner and other related documents. The said documents are relevant for the purpose of adjudicating as to whether the subject cheque was presented for realization and also to establish as to whether the subject cheque bear the signature of the petitioner, since the petitioner has disputed the same. Hence, the application filed by the petitioner requires to be allowed. Accordingly, I pass the following.