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CDJ 2026 MHC 6219 My Notes print Preview print print
Court : High Court of Judicature at Madras
Case No : Crl.O.P.No. 21962 of 2026 & Crl.M.P.No. 14564 of 2026
Judges: THE HONOURABLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY
Parties : P. Appumanikandan @ Manikandan Versus M/s. RM Financiers, Rep.by S. Rajesh Jain
Appearing Advocates : For the Petitioner: S. Kasirajan, Advocate. For the Respondent: ------\r\n
Date of Judgment : 10-08-2026
Head Note :-
BNSS - Section 528 -
Judgment :-

(Prayer: Criminal Original Petition filed under Section 528 of BNSS, to set aside the order dated 11.06.2026 passed in S.T.C.No.2699 of 2024.)

The prayer in the Criminal Original Petition is to set aside the order dated 11.06.2026 passed in M.P.No.2 of 2026 in S.T.C.No.2699 of 2024 by the learned Judicial Magistrate, Fast Track Court (NI Act), Puducherry.

2. The above case is a private complaint for the alleged offence under Sections 138 and 142 of the Negotiable Instruments Act, 2002. The petitioner is an accused in the case. During the course of cross-examination of P.W.1, the petitioner filed an application under Section 91 of Cr.P.C to produce the ledgers and the other documents maintained by the complainant. The trial Court dismissed the application on the ground that if at all any document is required, the application can be made at the stage of the accused side evidence. No exception can be taken for the said ground. Useful reference in this regard can be made to the Judgment of the Supreme Court of India, paragraph 49 of VLS Finance Ltd -Vs- S.P. Gupta and another(2016 3 SCC 736), where the law laid down in State of Orissa -Vs- Debandara Nath Padi (2005 1 SCC 568) was reaffirmed. The accused is therefore at liberty to seek for the same at the appropriate stage and the matter be decided as per law at the defence stage.

3. In view thereof, this Criminal Original Petition stands disposed of with the aforesaid observations. Connected miscellaneous petition is closed.

 
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