G S MAYAWALA Vs. OM PRAKASH MITTAL

JUDGEMENT

(1.) PRESENT petition has been filed under section 482 Criminal Procedure Code praying that order dated 9th july, 2007, passed by the Magistrate vide which application under Section 91, Criminal Procedure code filed by the petitioner no. 1 was dismissed be set aside and respondent be directed to produce the balance sheets and annexures along with his Income tax returns for the assessment years 1997-98, 1998-99 and 1999-2000 and also all ledgers, account books, record etc. for his cross-examination before the trial Court.

(2.) BRIEF facts of the case are that respondent filed a complaint case against the petitioners in the year 2000 alleging offence of fabrication of false evidence, extortion, cheating and forgery etc. The petitioners issued a notice dated 27th November, 2000 under Section 138 of the Negotiable Instruments act for dishonour of the cheque given by the respondent and after receiving the notice, respondent as a counter blast, filed the present complaint case against the petitioner. The entire controversy in the complaint is based upon the accounts. The respondent has made false allegations that rs. 2,00,000 were paid in cash to the petitioners but no dates were given for the alleged cash payment either in the complaint or the diary page produced by the respondent. Further, it has been alleged in the complaint that the accounts were finally settled on 15th September, 1997. In spite of settlement of the accounts, the petitioners have misused the respondent's cheque by interpolating and presenting to the bank for encashment but the facts are that such cash payment of Rs. 2,00,000 by respondents was never made and the cheque given by the respondent was rightly deposited by the petitioner for recovery of dues.

(3.) DURING the course of the trial, petitioner filed an application under Section 91 criminal Procedure Code for summoning the record, for cross-examination of respondent.