1. By this writ petition, the petitioner accused in S.T.C. No. 164 of 2006 challenges the order dated 18.8.2009 passed by the learned Judicial Magistrate, First Class, Nan durbar rejecting application (Exh.92).

2. Briefly stated, the facts giving rise to this petition are that the present respondent is the original complainant who filed complaint against present petitioner original accused for having committed offence punishable under Section 138 of the Negotiable Instruments Act and under Section 420 of the Indian Penal Code. The trial proceeded for offence under Section 138 of Negotiable Instruments Act. The petitioner accused was discharged of offence under Section 420 of IPC. The respondent complainant filed his affidavit in lieu of examination in chief and thereafter on 13.5.2009, petitioner accused filed an application (Exh.92) calling upon respondent complainant to produce books of accounts, referred to in paragraph 10 of complainant's affidavit filed in lieu of examination in chief, for verifying various entries and for cross examination purpose.

3. The said application was strongly opposed by the respondent complainant, submitting that there is no provision in