ARUN SINGH Vs. BADRI NARAYAN SONI

JUDGEMENT

(1.) BY the instant misc. petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short "the Code" hereinafter), the petitioner has challenged the Order dated 31st August, 2006 passed by the Additional Chief Judicial Magistrate No. 2, Bikaner (for short "the Trial Court" hereinafter) in Criminal Case No. 131 of 2003, whereby the Trial Court allowed the application filed by the accused non-petitioner under Sec. 91 of the Code and directed to produce the documents namely cash books from the year 2001 to 2005, Income tax return, profit-losses accounts for the year 2001 to 2005.

(2.) HEARD learned counsel for the parties and perused the impugned order.

(3.) LEARNED counsel for the non-petitioner submits that the petitioner is dealing with the money lending businesses and even after receiving the amount of the cheques, he has not returned the cheques issued by the non-petitioner and therefore, the account for 5 years i.e. From the year 2001 to 2005 i.e. Cash book, ledger, trading account, profit and losses account and balance sheets are necessary to be produced in Court so that non-petitioner can establish that he had already paid the cheques amount.