SUMIT MEHRA Vs. STATE OF UTTRANCHAL

JUDGEMENT

(1.) HEARD Sri L. K. Tiwari, learned counsel for the applicant and Sri R. P. Nautiyal, learned counsel for the respondent no. 2 and perused the record.

(2.) THIS is a petition u/s 482 Cr. P. C. for setting aside the order-dated 20-3-2004 passed by the judicial Magistrate, CBI, Dehradun in criminal case no. 308 of 2004 and 280 of 2004.

(3.) THE brief facts relating to this case are that the complainant filed complaint against the respondent no. 2 for an offence punishable u/s 138 Negotiable Instrument Act before the competent court at Dehradun. It is alleged in the complaint that respondent no. 2 issued a cheque for Rs. 2 lacs in consideration of the complainant's investment and his share of profit. He assured the encashment of the same on presentation. On presentation the bank dishonoured the cheque. Notice was given to respondent no. 2 and thereafter a complaint was filed. Summonses were sent to the accused and the accused applicant appeared before the court. Before recording his statement u/s 251 Cr. P. C. the respondent no. 2 filed an application praying that the partnership deed may be directed to be produced before court so that he can peruse the said deed. The complainant objected to it. The learned trial court passed the impugned order directing the complainant-applicant to produce the said document before the court below.