THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARA CRIMINAL PETITION No.4259 of 2009 ORDER: The petitioner/accused questions order of the lower Court dismissing his petition seeking direction to the complainant to produce certain documents. The documents sought for by the accused from the complainant are (1) By- laws of the complainant firm, (2) Account books, (3) Day books, (4) ledgers, (5) auditing reports, (6) income tax returns. Seeking documents from the opposite party is unhealthy procedure which is deprecated by highest Courts of the land. According to the respondent/complainant, he is not retaining Account books, Day books and ledgers after a period of three years and they are not available as the respondent stopped its business. The auditing reports and the income tax returns are wholly unnecessary for deciding whether promissory note executed by the accused is true or not. The petitioner’s case is one of blank promissory note theory. It is for the accused to prove the said fact by leading oral and documentary evidence in support of the same. The lower Court rightly dismissed the misconceived application of the accused, which is filed with a view to drag on the proceedings in the lower Court. There are no merits as well as bonafides in the petition. 2. Hence, the Criminal Petition is dismissed. ______________________________ JUSTICE SAMUDRALA GOVINDARAJULU Dt:23.12.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4259 of 2009 Dt:23.12.2011 ysk