SATHAVAHANA SEEDS PRIVATE LIMITED Vs. KESINA VENKATESWARA RAO

JUDGEMENT

(1.) This Criminal Petition is filed challenging the Order dtd. 2/6/2023 passed in Crl.M.P.No.607 of 2023 in C.C.No.796 of 2017 on the file of the II Additional Judicial Magistrate of First Class, Eluru, whereby petition filed by 1st respondent/complainant under Sec. 91 CrPC to direct the petitioners/accused to produce before the Court, the original challans pertaining to supply of maize by 1st respondent/complainant, was allowed.

(2.) Heard the learned counsel for the petitioners/ accused and the learned counsel for 1st respondent/ complainant. Perused the record.

(3.) Pursuant to a complaint filed by 1st respondent/ complainant, the subject C.C. has been registered against the petitioners/accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881. It is at the stage of trial. At that stage, 1st respondent/ complainant filed the aforesaid petition under Sec. 91 CrPC seeking a direction to the petitioners/accused to produce the original challans pertaining to supply of maize by 1st respondent/complainant. It is the case of 1st respondent/complainant that photocopies of the said documents were supplied to 1st respondent/complainant and the originals thereof, are with the petitioners/accused, and that the said original challans are necessary to prove his case regarding supply of maize. The petitioners / accused filed counter before the trial Court stating that Sec. 91 CrPC does not contemplate issuance of summons to the accused person and summons to produce document(s) cannot be issued to the accused person. It is also the case of the petitioners/accused that 1st respondent /complainant is taking contradictory stands viz. earlier he filed a petition vide Crl.M.P.No.3046 of 2022 in the present C.C. to send for, the alleged original documents from the Principal District Court, West Godavari district, lying in O.S.No.10 of 2020, to the Court below, which was allowed by the Court below, and now the present petition is filed seeking a direction to the petitioners/accused to produce the said documents. The trial Court, vide the impugned Order, allowed the petition and directed the petitioners / accused to produce the said delivery challans. Challenging the same, the present Criminal Petition is filed by the petitioners/accused.