IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 Crl.MC.No. 93 of 2006(T) ------------------------ CC.83/2004 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... PETITIONER: ACCUSED ------------------- K.HARSHAKUMAR, S/O.KUMARAN, KUMAR BUILDINGS, KOLLANNOOR, EZHUKONE VILLAGE, KOTTARAKKARA. BY ADV. SRI.T.MADHU RESPONDENTS: COMPLAINANTS ------------------------- 1. T.S.SAJITH, S/O.THANKAPPAN, KANJIRAM VILA VEEDU, IRUMPANANGAD MURI, EZHUKONE VILLAGE, KOTTARAKKARA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI SRI.M.V.THAMBAN FOR R1 SRI.K.V.ANIL KUMAR FOR R1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.93 of 2006 ---------------------------------------- Dated this the 11th day of July 2008 O R D E R The petitioner is the accused in a prosecution under Section 138 of the Negotiable Instruments Act. The signature in the cheque does not appear to be disputed. It appears that there was no reply to the notice of demand. In the course of the trial various defences were taken up. There was a contention that there was no consideration for the cheque. In the course of cross-examination complainant was cross-examined and he stated that the transaction will be reflected in his income tax returns and he has no objection in producing the same. Thereafter the accused filed a petition to call upon the complainant to produce the income tax return (saral form) which he had offered to produce in the course of cross-examination. The learned Magistrate by the impugned order rejected the same. 2. After discussions at the Bar, the learned counsel for the respondent submits that the respondent/complainant has no objection against producing the income tax return (saral form) Crl.M.C.No.93/2006 2 submitted by him to the authorities which has been acknowledged. That takes me to the end of the controversy. The respondent shall produce the income tax return (saral form) for the year 2003-2004 called for by the petitioner before the learned Magistrate within a period of fifteen days from this date. If the same is not produced the petitioner can request the learned Magistrate to draw appropriate inference in accordance with law. 3. This petition is accordingly allowed as indicated above. (R.BASANT, JUDGE) jsr Crl.M.C.No.93/2006 3 Crl.M.C.No.93/2006 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008