ISHVARBHAI BABABHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner -complainant has, by way of filing this application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 ["the Code" for short], challenged the common judgment and order dated 27.04.2006 passed by the learned Additional Sessions Judge, Court No.13, Ahmedabad, in Criminal Revision Application Nos.291 of 2005 to 295 of 2005 setting aside order dated 17.10.2005 passed by the learned Metropolitan Magistrate, Court No.2, Ahmedabad below application, Exhibit 8, in Criminal Case No.1702 of 2001 whereby the learned Metropolitan Magistrate rejected the application filed by the respondent -accused for production of certain documents under Section 91 of the Code.

(2.) THE respondent -accused is being prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. During the course of recording of evidence of the complainant, the respondent -accused filed an application Exhibit 8 under the provisions of Section 91 of the Code for production of certain documents on the ground that the documents mentioned in the application are in the custody of the witness/complainant and they are required to be produced for cross -examination of the witness.

(3.) THIS Court has heard Mr.Ahuja, learned advocate for the petitioner and Mr.K.C.Shah, learned Additional Public Prosecutor for the respondent -State, at length and in great detail. The arguments of Mr.Ahuja, learned advocate for the petitioner, were heard on 24.04.2008 and as Mr.Baqui, learned advocate representing the respondent -accused, was not present in the interest of justice, the matter was adjourned to 25.04.2008. On 25.04.2008, Mr.Baqui, learned advocate, filed sick -note and, therefore, the matter was adjourned to 28.04.2008, but the matter could not be taken up for hearing on that day and ultimately, the matter came to be adjourned to today. Today also, when the matter was called out, Mr.Baqui, learned advocate, is absent and, therefore, no oral submissions are made on behalf of the respondent -accused.