CHENNAI JUTE COMPANY Vs. VIRKSHA ASSOCIATES

JUDGEMENT

(1.) This petition has been filed challenging the order passed in CMP.No.6904 of 2019 in C.C.No.72 of 2014 on the file of the Fast Track (Magisterial Level) No.2, Coimbatore, whereby, the said court dismissed the petition filed by the petitioners under section 91 Cr.P.C to produce the documents.

(2.) The learned counsel for the petitioners would submit that the petitioners are accused on the complaint lodged by the respondent for the offence under section 138 of N.I.Act. During the cross examination, P.W.1 categorically admitted that she can be able to produce the audited balance sheet till the year 2012. Further, the trial Court concluded that it is appropriate to direct the respondent to produce the bank statements of account for the year 2012 to 2014. Unfortunately, in the conclusion portion, the trial Court held that all the documents sought for by the petitioner under section 91 Cr.P.C are not relevant to the case on hand in the present case. He further submitted that the respondent is admittedly doing financial business for which, they ought to have filed the audited balance sheet for every year which is also categorically admitted by the petitioner in her cross examination. Even then, the trial Court dismissed the petition.

(3.) Per contra, the learned counsel for the respondent/complainant submitted that during her cross examination, she categorically deposed that the audited balance sheet can be produced only after the year 2012; since thereafter, the respondent did not file any return of income and as such, the trial Court rightly dismissed the petition filed by the petitioner under section 91 Cr.P.C. Insofar as bank statements of account of the year 2012 to 2014, they do not reflect the transaction between the petitioners and the defacto complainant. In this regard, he also cited various judgement of this Court. The document sought for by the complainant are irrelevant to the complaint and those documents are not required to be produced by the complainant before the trial Court.