MURUGAN AGENCIES Vs. KHAITAN AND COMPANY

JUDGEMENT

(1.) THE accused has filed this revision against the order passed by the learned First Additional Sessions Judge-cum-Chief Magistrate, coimbatore in Cr. M. P. No. 644 of 1996 dated 9. 8. 1996.

(2.) THE respondent/complainant filed a complaint against the revision petitioner under Section 138, Negotiable Instruments Act. The trial Court after examining P. Ws. 1 and 2 posted the case for examination of the accused under Section 313, Cr. P. C. and after examining the accused, the case was posted to 7. 8. 1996 for examination of defence witnesses and at that stage, the accused filed the present application to summon account books relating to M/s. Murugan Agencies for the period from 1990 to the date of petition.

(3.) THE respondent/complainant filed a counter stating that the above account books were not necessary, since the accused has confirmed the balance amount by writing a letter and that it is admitted fact that the accused was having transaction with the petitioner for purchase goods and that therefore, there is no necessity to summon the accounts.