SARASWATHI Vs. V BALAKRISHNAN

JUDGEMENT

(1.) This revision is directed against the order dismissing the application filed by the petitioner 1 accused under Section 91 Cr. P.C. to call for certain documents from the Assistant Commissioner of Police, Crime General. Egmore, registered in No. 18731 ACC (G) Camp/2-8-1995.

(2.) The complainant, the respondent herein filed a complaint against the petitioner under Section 138 of the Negotiable Instruments Act in the year 1995. Before the trial commenced, the petitioner filed an application on 5-11-1996 stating that the petitioner never borrowed any money from the complainant that one Indira took away the cheque from the accused and the said Indira misused the same without the knowledge of the accused and that therefore, he filed a complaint to the police on 2-8-1995 and that during the said enquiry by the police, some of the persons were summoned and they were examined and those documents are essential documents to disprove the case of the complainant and so, those documents have to be summoned.

(3.) This application was dismissed by the trial Court on the ground that the request of the accused to summon the documents is even before the commencement of the prosecution evidence and that despite the alleged complaint at 2-8-1995, there is no effort taken by the petitioner/accused to stop the payment of the cheque through intimation to the Bank immediately after the alleged theft.