IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 Crl.MC.No. 1546 of 2006() ------------------------- AGAINST THE ORDER DATED 02/06/2006 IN CMP 1193 2006 IN ST.221/2006 OF THE JFCM COURT-VII, TRIVANDRUM. .................... PETITIONER: ACCUSED -------------------- N.VENKITESH, S/O. NARAYANAN POTTI, AGED 40 YRS, T.C.37/1214, THAMMANAM STREET, FORT, THIRUVANANTHAPURAM. BY ADV. SRI.R.S.KALKURA RESPONDENTS: RESPONDENTS ------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KRISHNAN POTTI, T.C.37/1671, T.C.37/1871, PUNNACKEL ROAD, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. SRI.A.DINESH RAO FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.1546 of 2006 ------------------------------------------------- Dated this the 4th day of June, 2008 ORDER The petitioner faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act. Before commencement of the trial, the petitioner wanted certain documents to be brought to the court to facilitate cross- examination of the complainant with the help of such documents. The said application was dismissed by the learned Magistrate with the observation that the originals need not be summoned and copies of the documents can be applied for. The petitioner applied again to the learned Magistrate for issue of a court certificate to facilitate obtaining of certified copies of the documents. That petition was also dismissed as per Annexure-A6 with the observation that the petitioner can call for the records at the stage of defence evidence. Crl.M.C. No.1546 of 2006 -: 2 :- 2. The learned counsel for the petitioner submits that the petitioner wants the documents to facilitate cross-examination of the complainant and that purpose will not be served if the documents are called for or the certified copies issued at the defence stage. 3. The learned counsel for the complainant submits that the complainant has no objection against the original documents being summoned before the court at this stage or against issue of the requisite direction to the officials responsible for issue of copies. 4. I am satisfied, in these circumstances, that this petition can be allowed as agreed. The petitioner shall be entitled to apply for copies of the relevant documents from the Returning Officer, Corporation of Trivandrum, Office of the Principal Agricultural Officer, Fort, Trivandrum, whereupon the said official must issue copies of the documents in accordance with law. 5. This Crl.M.C. is, in these circumstances, allowed to the above extent. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge