SHANMUGASUNDARAM Vs. BALAJI INDUSTRIES

JUDGEMENT

(1.) The present Criminal Original Petition has been filed seeking a relief to set aside the order passed in Crl.M.P.No.1460 of 2018 in 1 of 6 S.T.C.No.5 of 2018 on the file of the Fast Track Court, Vellore, dated 22.03.2019.

(2.) Heard the learned counsel appearing for the petitioner. Despite repeated adjournments, neither the respondent nor his counsel has appeared before this Court for placing his case.

(3.) The petitioner herein is the complainant in S.T.C.No.5 of 2018 on the file of the Fast Track Court, Vellore. He filed a private complaint against the respondent herein/accused, who has been charged for the offence punishable under Section 138 of the Negotiable Instruments Act, and the case is pending in the trial stage. During the time of crossexamination of P.W.1 on the side of the respondent, a xerox copy of the cash receipt dated 24.05.2017 was marked as Ex.D1. After admitting the said document as Ex.D1, the petitioner had filed an Application before the learned Judicial Magistrate under Section 91 of Cr.P.C., in which, he prayed for a relief of direction directing the respondent to produce the original cash receipt dated 24.05.2017 (copy of the same has been marked as Ex.D1).