SHANTI KRISHI SEVA KENDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri B. N. Mohta, Advocate for applicant, Shri a. S. Fulzele, A. P. P. for respondent no. 1 and Shri Z. A. Haq, advocate for respondent no. 2.

(2.) This is an application under section 482 of Criminal procedure Code.

(3.) The applicant is an accused in a complaint case filed by the respondent no. 2 for the offences under section 138 of the Negotiable Instruments Act. The said complaint is filed on 10. 9. 2003 and it is pending before the Judicial magistrate First Class, Patur. It is alleged that the relevant cheque was issued for the due amount towards the purchase of goods. The defence of the applicant accused was of denial of liability. His statement under section 313 was recorded He wanted to adduce evidence in rebuttal and in support of his contentions as regards his no liability towards respondent complainant. It is necessary to mention that the petitioner / accused had submitted his affidavit in the nature of his evidence as per Ex. 137. According to him, at that time some documents were available, so they were filed. But some of them were not available at the relevant time. The matter was posted on 11. 4. 2007 for the cross examination of the applicant. It is alleged that in the meantime the applicant accused received some more documents and he wanted to produce the same. Accordingly, he filed an application Exh. 157. Along with application he filed some 9 documents as per list Exh. 158. According to the applicant accused, these documents are relevant. The documents at serial no. 1 and 2 are the counter foils of the cheque numbers 0301732 and 0301733. The other documents which were sought to be filed were acknowledgment, postal receipts and certified copy of some cases i. e. SCC no. 84/2006, SCC no. 131/2007, SCC no. 75/2006, SCC no. 793/06, SCC no 212/2004. It was the case of the applicant accused that these documents are relevant to prove his defence.