H.R.PANWAR, J. - (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. Briefly stated facts giving rise to the case are that accused non-petitioner issued five cheques, each amounting to Rs. 20,000/- in the month of December, 2002. When the cheques were presented to the Bank, the same were returned and dishonoured with the report that the holder of the Bank account has not sufficient amount to honour the cheques. On receipt of the intimation of dishonour of the cheques, notice demanding cheques amount was given to the non-petitioner demanding the payment of cheques amount within 15 days from the receipt of the notice. When the payment of cheques amount was not made, a complaint under Sec. 138 of the Negotiable In- struments Act, 1881 (for short 'the Act') has been filed. During the pendency of the proceeding under Sec. 138 of the Act, an application was moved by the accused non-petitioner under Sec. 91 CrPC on the ground that he has paid the cheque amount in the year 2001 to 2002 and it has been recorded in the books of the petitioner, therefore, requested Trial Court to summon cash books, ledger, trading account, profit and losses account and balance sheet for the year 2001 to 2005.
(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.;