IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 Crl.MC.No. 3009 of 2006() ------------------------- AGAINST THE ORDER DATED 26/07/2006 IN CMP.9854/06 IN CC.1639/2003 of JUDL.MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY .................... PETITIONER: PETITIONER/ACCUSED ---------------------------------------- ABDUL SALAM, KOCHAYYATHU VEEDU, PADA: NORTH MURI, KARUNAGAPPALLY VILLAGE, KARUNAGAPPALLY TALUK. BY ADV. SRI.T.GOPALAKRISHNAN SRI.P.P.JOY RESPONDENTS: COMPLAINANT ----------------------------------- 1. M.ABDUL SALAM, S/O.MUHAMMEDKUNJU, VALIYATH PUTHEN VEEDU, PANMANA VILLAGE, KARUNAGAPPALLY TALUK. 2. THE STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 3009 of 2006 ========================== Dated this the 26th day of February, 2008. O R D E R The petitioner, who is the accused in C.C. No. 1639/2003 on the file of the Judicial First Class Magistrate, Karunagappally for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, filed C.M.P.No. 9854/2006 under Section 91 Cr.P.C for a direction to the complainant to produce certain documents including accounts. The learned Magistrate refused to entertain the petition holding that the petitioner/accused can file a petition of that nature only at the stage of defence evidence and since the case has not reached such stage, the said petition was liable to be dismissed as premature. The impugned order does not preclude the petitioner from filing such a petition at the appropriate stage. Hence, he is not justified in assailing the said order. This Crl.M.C is accordingly dismissed reserving the right of the petitioner to move the Magistrate at the appropriate stage for defence evidence. V. RAMKUMAR, JUDGE. rv