SHWETHA P Vs. MJR BUILDERS PVT LTD

JUDGEMENT

(1.) Heard Sri B. Ramesh, learned counsel appearing for petitioner and Sri G.V. Sudhakar, learned counsel appearing for respondent. Perused the records.

(2.) Respondent herein has filed two private complaints, which are now pending in C.C.No.10206/2012 & 10204/2012 alleging for discharge of debt, the petitioner/accused had issued cheques, which came to be dishonored for not maintaining sufficient funds and as such, committed an offence punishable under Section 138 of Negotiable Instruments Act. The complainant has been examined as P.W.1. During the course of her examination-in-chief, she sought for permission to produce ten documents which was opposed by the accused. Learned trial judge learned magistrate by order dated 16.11.2015 has allowed the said application in both cases on two grounds namely:

(3.) Said plea has been accepted by the trial court and permitted the complainant to produce those documents. As rightly observed by the trial court, there is some semblance or nexus between the documents sought to be produced and claim made by the complainant. In order to establish her plea, production of these documents have been permitted to be produced. Same would not in any way prejudice the rights of the petitioner-accused. In fact accused would have right to cross examine the witness on those documents and as such, this court finds there is no merit in these petitions. Hence, it is hereby rejected.