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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
A.V. THOMAS & CO. LTD. – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. allegation under section 138 of the negotiable instruments act. (Para 1 , 2 , 4) |
| 2. arguments presented by both sides. (Para 3) |
| 3. discussion on court's powers to summon evidence. (Para 5 , 6) |
| 4. rationale for allowing additional evidence. (Para 7) |
O R D E R
(Dated this the 12th day of December, 2025)
The petitioner is the complainant in C.C. No. 2/2021 on the file of the Court of the Judicial First Class Magistrate-I, Kochi (Trial Court) which has been filed against the respondents 2 and 3 alleging commission of the offence under Section 138 of the Negotiable Instruments Act , 1881 (in short, 'The Act').
2. The petitioner submits that, after the questioning of the accused persons under Section 313(1) of the Code of Criminal Procedure (Cr.P.C.), the petitioner filed CMP No. 574/2024 to summon the Branch Manager of his Bank, Bank of Baroda, Wellington Island Branch, to produce the account statements for the period from 2017 to 2019 and to issue summons to the State Tax Officer to produce the GST return details for the above mentioned period. The application was opposed by the respondents 2 and 3. By Annexure-VI order, the Trial Court has dismissed the said applicati
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