S. BHASKAR Vs. UMA BHANDARI

JUDGEMENT

(1.) This petition has been filed by the petitioner under Section 482 of the Criminal Procedure Code seeking to set aside the order passed by the learned Judicial Magistrate No.V, Coimbatore, in C.M.P.No.12214 of 2011 in C.C.No.399 of 2010, dated 22.02.2012.

(2.) Heard the learned counsel for the petitioner and the learned counsel for the respondent and also perused the records.

(3.) It is admitted by both parties that the respondent/complainant has filed a private complaint under Sections 138 and 141 of the Negotiable Instruments Act against the accused and the same is pending in C.C.No.399 of 2010 on the file of the learned Judicial Magistrate No.5, Coimbatore, and P.W.1 was examined in the said Calendar Case. After the examination of P.W.1, the accused has filed a petition in C.M.P.No.12214 of 2011 under Section 91 of Cr.P.C. to call for the records from the Indian Bank, Mananchira Branch Kozhikode branch relating to the statement of account, total number of cheque books issued to the accused, dishonour memo issued by the Mananchira branch in respect of account No.816026647 and the stop payment instructions issued by the accused for the period from 01.11.2009 to 09.12.2009 reflecting the charges deducted. The said petition was dismissed by the learned Judicial Magistrate No.5, Coimbatore. Against the order of dismissal, the present criminal original petition has been filed.