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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##PAGE2##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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##PAGE3##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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##PAGE4##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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