M/S. SIRKAR & SONS Vs. KUSHAL SAWANT

JUDGEMENT

(1.) HEARD Mr. Rodrigues, learned counsel appearing for the petitioner.

(2.) RULE . Notice was issued to the respondent intimating that the matter would be taken up for final hearing at the stage of admission and such notice has been duly served on him. But the respondent is absent. In the circumstances above, I do not deem it necessary to issue notice to respondent no.1 again after admission.

(3.) THE petitioner has filed a complaint against respondent no.1 for offence punishable under section 138 of the Negotiable Instruments Act, 1881, ( ''The Act'', for short), since the cheque issued by him for Rs.25,000/- (Rs. twenty five thousand only), towards purchase of a gold bracelet was dishonoured. After issuance of process, against the present respondent no.1, before the Learned Judicial Magistrate, First Class, substance of accusation was explained to him and the matter had reached the stage of evidence. At that stage, the petitioner filed an application for production of additional documents, namely, a Cash memo for Rs. 25,101/- (Rs.Twenty five thousand one hundred and one only) and registration certificate of establishment. The respondent no. 1 filed reply resisting the application. By the impugned order dated 15/1/2013, the Learned Judicial, First Class rejected the application.