HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5701 of 2009 Dated 30-3-2010 Between: Smt. N.Uma Maheswari. …Petitioner. And: Smt. T.C.Tipurambica and another. …Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5701 of 2009 ORDER: The accused in a case arising under Section 138 of the Negotiable Instruments Act is the petitioner. Questioning order dated 25-4-2009 passed by the XIX Additional Chief Metropolitan Magistrate, Hyderabad in a petition filed under Section 91 Cr.P.C., this Petition is filed. 2. The petitioner sought for certain documents like promotes and agreement for sale which were filed by the respondents in O.S.No.120 of 2006. That suit was decreed and the respondents took return of those documents from the Civil Court. The petitioner wants a direction to the respondents for production of those documents in the pending case in the lower Court. Seeking documents which are in possession of opposite party, is deprecated by law. It is open for the 1st respondent to produce the documents which are in her possession. In case the 1st respondent failed to produce any documents which are in her possession and in case those documents are relevant for the purpose of disposal of the present case, then it is open to the Court and it is open to the petitioner to request the Court for drawing adverse inference against the 1st respondent for non- production of those documents which are in her possession. 3. According to the lower Court, the documents sought for are not relevant documents. The respondents filed the disputed cheque as well as the promissory note which form legally enforceable debt under the cheque in question. Conduct of the 1st respondent with regard to other documents which are not subject matter in the pending case, is totally irrelevant. The lower Court rightly refused to call for those documents from the 1st respondent. There are no merits in this petition. 4. Hence, this Criminal Petition is dismissed. ____________________________________________ Justice SAMUDRALA GOVINDARAJULU Dated 30-3-2010. Dvs HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5701 of 2009 Dated 30-3-2010