D PARAMASIVAM Vs. MAHALAKSHMI HARDWARES

JUDGEMENT

(1.) THE above criminal revision case has been filed praying to call for the records relating to C. M. P. No. 7290 of 2004 in C. C. No. 427 of 2003 dated 1. 9. 2004 on the file of the Judicial Magistrate V, Coimbatore. and set aside the same allowing the revision petition.

(2.) THE learned counsel for the petitioner would submit that the complainant has filed a case under Section 138 of Negotiable Instruments Act against the petitioner on the ground that the cheque issued by the petitioner/accused for a sum of Rs. 46,613. 20 was dishonoured by the bankers of the petitioner/accused. He would further submit that in the regular course of trial the witnesses have been examined by the trial Court. During trial, the petitioner, who is the accused, has filed a petition under Section 91 Cr. P. C. seeking to issue summons to the respondent/complainant directing him to produce the books of accounts pertaining to the petitioner/accused maintained by the complainant for M/s. Mahalakshmi Hardwares and M/s. National Hardwares before the trial Court.

(3.) THE learned counsel appearing on behalf of the petitioner would further come forward to say that since the Manager of the respondent firm, who was examined as P. W. 1, had admitted in his cross examination that they have a sister concern by name M/s. National Hardwares and the petitioner had supplied concrete mixing machines to M/s. National Hardwares and the payment for the machines were adjusted against the accounts of the complainant firm and therefore, it is necessary to summon the said account books to prove the innocence of the petitioner. It is under these circumstances, the lower Court has decided that it is the duty of the accused to prove the defence on his own documents and he cannot ask the complainant to produce the documents which is no way relevant to the case and dismissed the petition and it is against this order passed by the trial Court, the petitioner/accused has come forward to file the above Criminal Revision Case on such grounds as aforementioned.