GEENA GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) An application - Annexure A5 for summoning documents for DRT proceedings was dismissed by the learned Magistrate in a prosecution under Section 138 of the Negotiable Instruments Act. These documents were executed by the petitioner for availing a loan facility with the bank, which were produced by the bank in the DRT proceedings. Those documents sought to be summoned for the sole purpose of comparison with the signature found affixed in the cheque in question which is the subject of prosecution under Section 138 of the N.I.Act. Admittedly, these are not the only documents she had executed and now she is aged 46 years. She can very well produce any document, which she had executed earlier for that purpose or her specimen writing can be taken through court, for which it is not at all necessary to call for or summon the abovesaid documents. Hence the Crl.M.C. is dismissed.