C. SHIVANNA Vs. SRINIVASA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned counsel for the respondent.

(2.) Petitioner is aggrieved by the order passed by the Judicial Magistrate First Class, Mandya in CC No.184/2015 dtd. 13/5/2015, whereby the learned Judicial Magistrate has allowed the application filed by the respondent (accused) under Sec. 91 of Cr.P.C and directed summons to the Bank Manager, Syndicate Bank, V.V.Mohalla, Mysuru, for production of the requisition forms pertaining to the cheque leaves mentioned in the application.

(3.) The petitioner herein instituted proceedings under Sec. 138 of the Negotiable Instruments Act against the respondent/accused for dishonour of the cheque issued by the respondent. The complainant examined himself as PW1 and before commencement of his cross examination, respondent/accused moved the above application contending that the petitioner/complainant has forged the signature of the respondent on various other requisition forms and submitted the same to the bank. In the application, he detailed eight such requisition forms and sought summons to the Bank Manager to produce the said requisition forms. The application was opposed by the complainant. However, by the impugned order, learned Magistrate allowed the application and issued summons to the Bank Manager to produce the said requisition forms.