AJAY KUMAR BHARADWAJ Vs. ANAND VIJAN

JUDGEMENT

(1.) THIS revision, by the accused persons, is directed against the order dated 26.6.2004 passed in Complaint Case No. 223/2004 by the Judicial Magistrate, First Class, Jabalpur, whereby he has rejected their application filed under section 91 of the Code of Criminal Procedure, 1973 for directing the complainant to produce the account concerning their relevant business transaction.

(2.) THE complainant/non-applicant admittedly runs a milk dairy and he has been supplying milk to the applicants. According to him, an amount of Rs. 4,50,000/- is outstanding against the applicants. The applicants had issued three cheques dated 3.1.2003 of Rs. 1,50,000/- each for the payment of the said amount but when the same were presented in the bank on 19.8.2003 they were dishonoured. Consequently, after issuing a statutory notice, he filed a complaint case under section 138 of the Negotiable Instruments Act, 1881. The defence of the applicants is that the cheques were, in fact, issued by way of security for the continuous supply of milk. According to them, no amount of complainant is due against them.

(3.) IN view of the above admission of the non-applicant, the applicants filed an application under section 91 of the Code of Criminal Procedure, 1973 for the production of the account maintained by him pertaining to their business transaction for which the cheques are said to have been issued as the same would be necessary for the just decision of the case. The trial Court, by the impugned order, has rejected the application on the ground that the production of account was not necessary.