K S SURESH Vs. P RAVIKUMAR

JUDGEMENT

(1.) THE second accused in C. C. No. 63/2004 has filed the petition C. M. P. No. 870 of 2005 under Section 91 of Cr. P. C. to direct D. W. 1 to produce (1) document relating to the reconstitution of the first petitioner/first accused firm in the year 2004 2) document relating to the power conferred upon one of the Directors of the company to sign in cheques on behalf of the company. He has also filed another petition in C. M. P. No. 869 of 2005 in C. C. No. 63 of 2004 under Section 311 of Cr. P. C. to recall D. W. 1 for further examination.

(2.) THE trial Judge, after hearing both sides, has dismissed both the petitions which necessitated the second accused to prefer Crl. R. C. No. 830 of 2005 against the order passed in C. M. P. 870 of 2004 in C. C. No. 63/2004 and Crl. R. C. No. 831 of 2005 against the order passed in C M. P. No. 869 of 2005 in C. C. No. 63 of 2004.

(3.) HEARD Mr. John Sathyan, learned counsel appearing for the petitioner and also Mr. Kaithamalai Kumaran,learned counsel appearing for the respondent and considered their respective submissions.