M.R. JAYAKUMAR Vs. S. SENTHIL

JUDGEMENT

(1.) This Criminal Original Petition has been filed challenging the order passed by the Court below dismissing the petition filed under Sec. 91 of Cr.P.C. wherein the petition had sought for the production of certain documents by the respondent.

(2.) The petitioner is facing trial for an offence under Sec. 138 of Negotiable Instruments Act. During the course of cross examination, PW1 made a statement that he is an income-tax assessee and paying the income-tax regularly and he also has an account in Tamil Nadu Mercantile Bank and that he has no objection in furnishing those documents before the Court. Since the respondent took such a specific stand, the petitioner proceeded to file a petition under Sec. 91 of Cr.P.C. to direct the respondent to produce the books of accounts for the period from 2009 to 2014 and also the income-tax assessment for the said period.

(3.) The respondent filed a counter wherein he has taken a stand that those documents are irrelevant and the petition itself has been filed only to drag on the proceedings.