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2021 (2) TMI 509

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..... summoning of the documents does not arise and while marking the documents also not disputed the same. When such being the facts and circumstances of the case, there are no merit in this petition. The Trial Judge has pointed out that the resolution is already marked as Ex.P.18 and though it is observed that those documents are relevant but relevancy of the documents has not been explained and w .....

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..... re the Trial Court for the offence punishable under Section 138 of the Negotiable Instruments Act. To substantiate the claim, he examined himself and got marked the documents and he was cross-examined. Subsequently, an application was filed by the accused under Section 91 of Cr.P.C. praying the Court to direct the complainant to produce the documents Memorandum of Association and Articles of Ass .....

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..... these aspects are relevant and the relevancy of the documents sought by accused No.2 is not at all explained by him properly. Therefore, the question of summoning the complainant to produce these documents is not at all necessary. Hence, the present petition is filed. 4. The grounds urged in this petition and the contention of the learned counsel for the petitioner is that the documents of O .....

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..... e already marked before the Trial Court. When the documents are already marked and are part of the Trial Court records and witness has been cross-examined by the defence counsel, filing of the application for summoning of the documents does not arise and while marking the documents also not disputed the same. When such being the facts and circumstances of the case, I do not find any merit in this .....

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