1. The petitioner seeks to set aside the order passed by the learned Judicial Magistrate, Ambattur in C.M.P.No.4926 of 2009 in C.C.No.23/2007 dated 27.11.2009.

2. The petitioner, who stands accused of offence under Section 138 of the Negotiable Instruments Act, had moved an application under Section 91 Cr.P.C. in C.M.P.No.4926 of 2009 seeking production of the following documents:

1.The Registration Certificate or License of the complainant.

2.The PAN or TAN Card of complainant company.

3.The name and address of the Auditor of complainant firm.

4.The Income Tax Return for the year 2003-2004, 2004-2005, 2005-2006.

The lower Court under order dated 27.11.2009 has dismissed the said petition inter alia on the reasoning that the respondent himself had categorically stated that she is not possessed of the documents and that she cannot be expected to produce the same. Such finding of the lower Court has been arrived at from the stand taken in the counter in Crl.M.P.No.4926 of 2009 filed by the respondent.

3. Learned counsel for the petitioner would heavily rely upon the evidence of DW-1, who is none other than the proprietrix of the respondent/ complainants firm. The co