: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.982 OF 2009 CRIMINAL APPLICATION NO.982 OF 2009 CRIMINAL APPLICATION NO.982 OF 2009 ICI India Ltd. Paints-Bombay ... Applicant V/s. State of Maharashtra & Ors. ... Respondents Mr.F. Sayyed i/b. Manilal Kher Ambalal & Co. for the Applicant. Mr.H.J. Dedhia, APP, for Respondent No.1. Mr.P.R. Arjunwadkar for Respondent Nos.2 and 3. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 21ST APRIL, 2009. DATE : 21ST APRIL, 2009. DATE : 21ST APRIL, 2009. P.C.: P.C.: P.C.: 1. Rule. 2. The learned Counsel appearing for the second respondent waives service. The petitioner is the original complainant in a complaint filed alleging commission of offence under Section 138 of the Negotiable Instruments Act, 1881 against the second and third respondents. An application was made by the second and third respondents seeking a direction against the petitioner-complainant to produce certain documents. By impugned order dated 20th February, 2009, the learned Metropolitan Magistrate has directed : 2 : the petitioner to produce following documents : (i). Ledger extract for the year 2007-2008 (ii). Invoices alongwith delivery challan (iii). Debit Note (iv). Credit Note (v). Bank statement for clearing cheques (vi). Statement given by I & R to delear (Accused) (vii). Correspondence with complainant and accused by E-mail (All certified by Chartered Accountant). (viii). Details of share receipt 3. The learned Counsel appearing for the petitioner states that the petitioner is willing to produce before the trial court the following documents: (i). Extract of relevant Ledger for the year 2007-2008 bearing the signature and stamp of the auditor. (ii). Extract of Statement of Accounts of the year 2007-2008 bearing the signature and stamp of the auditor. : 3 : (iii). Relevant Invoices alongwith acknowledgment (the learned Counsel states that the petitioner is not in possession of an acknowledgment relating to one invoice). (iv). Relevant Debit Notes and Credit Notes. 4. Perusal of the impugned order shows that the last four documents ordered to be produced by the petitioner could not have been ordered to be produced by the petitioner as the description of the said documents is very vague. The second and third respondents who are accused cannot be allowed to make fishing or roving enquiries. 5. In the circumstances, the Petition is disposed of by passing following order ; "O R D E R" "O R D E R" "O R D E R" (i) The statement made by the learned Counsel appearing for the petitioner which is recorded above is accepted. : 4 : (ii). The impugned order in so far as it relates to last four items is quashed and set aside. (iii). It is needless to say that it will be open for both the parties to adduce evidence. (iv). Petition is partly allowed in above terms. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]