B. Sudheendra Kumar, J.

1. The petitioner is the accused and the first respondent is the complainant in C.C. No.659 of 2013 on the files of the court below.

2. The first respondent herein filed a complaint against the petitioner before the court below alleging offence under S.138 of the Negotiable Instruments Act.

3. During the cross-examination of PW1, the petitioner wanted to mark an agreement winch was alleged to have been executed by the parties. However, the court below did not permit the said document to be marked stating that the said document was only a photocopy. The petitioner filed C.M.P.No.728/2017 praying for permitting the petitioner to mark the said document as secondary evidence through 3W1, if PW1 was not prepared to produce the original of the said document. The court below dismissed the said petition. Aggrieved by the order of the court below dismissing C.M.P.No.728 of 2017, this Crl.M.C. has been filed.

4. Heard the learned counsel for the petitioner, the learned counsel for the first respondent and the learned Public Prosecutor.

5. The document sought to be marked before the court below has been produced before this court for my perusal by the learned counsel f