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2026 Supreme(Online)(Mad) 18004

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice A.D.JAGADISH CHANDIRA
K.GOPI – Appellant
Versus
R.MAHESWARI – Respondent



##PAGE1##

Crl. O.P. No.2000 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-01-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA

CRL OP No. 2000 of 2026

and

Crl.M.P.No.1309 of 2026

K.Gopi

..Petitioner

Vs

R.Maheswari

..Respondent

Prayer: Criminal Original Petition is filed under Section 528 of the Bharatiya

Nagarik Suraksha Sanhita to set aside the order in Crl.M.P.No.1797/2025 in

C.C.No.1743/2021 dated 05.12.2025 passed by the learned XIX Metropolitan

Magistrate, Egmore at Allikulam and direct the respondent to produce the

documents.

For Petitioner : Mr.S.Suresh

ORDER

The present Criminal Original Petition has been filed to set aside the

order in Crl.M.P.No.1797/2025 in C.C.No.1743/2021 dated 05.12.2025 passed

by the learned XIX Metropolitan Magistrate, Egmore at Allikulam and direct

the respondent to produce the documents.

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Crl. O.P. No.2000 of 2026

2. The brief facts of the case are as follows :-

2.1. The petitioner is an accused facing trial in CC No.1743 of 2021

before the XIX Metropolitan Magistrate, Egmore at Allikulam, for the offences

punishable under Section 138 of NI Act.

2.2. In the said case, the petitioner/accused filed a petition in

Crl.M.P.No.1797 of 2025 under Section 91 Cr.P.C., to produce the bank

statement of the complainant from January, 2013 to December, 2022 and

Income Tax Returns for the assessment years from 2013 to 2020. The learned

Metropolitan Magistrate, finding that the petition was filed only to protract the

proceedings, dismissed the petition, vide order dated 05.12.2025. Aggrieved

over the same, the present petition has been filed.

3. Learned counsel appearing for the petitioner submitted that the

aforementioned documents are necessary for the trial.

4. Heard the learned counsel appearing for the petitioner and

perused the materials available on record.

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Crl. O.P. No.2000 of 2026

5. On a perusal of the records, it is seen that the petitioner had earlier

filed Crl.M.P.No.1089 of 2025 before the Trial Court seeking the very same

relief and the said petition was dismissed by the Trial Court on merits on

11.09.2025. Further, it is also seen that case is of the year 2021. Without

challenging the earlier dismissal order dated 11.09.2025, the petitioner has filed

a fresh petition before the Trial Court seeking the very same relief, which is not

maintainable. Therefore, this Court does not find any infirmity in the order

passed by the learned XIX Metropolitan Magistrate. Hence, this Criminal

Original Petition stands dismissed. Consequently, connected miscellaneous

petition is closed.

30-01-2026

Neutral Citation: Yes/No

MRN

To

The XIX Metropolitan Magistrate, Egmore

at Allikulam

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Crl. O.P. No.2000 of 2026

A.D.JAGADISH CHANDIRA, J.

MRN

Crl. O.P. No.2000 of 2026

30-01-2026

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