Smt. Bratati Bose, the petitioner before this court has been arrayed as an accused in a complaint case registered as C- 298 of 2007, which was filed by the opposite party No.1 through his constituted attorney under Section 138 of the N.I Act. The person adducing evidence on behalf of the complainant during cross-examination was asked to produce certain documents, which the witness stated that he would produce on the adjourned date, but as a matter of fact, no such document was produced. The accused person thereafter filed an application under Section 91 of the Code of Criminal Procedure, seeking appropriate order, and learned Trial Court having considered the contention of the parties was pleased to reject the application holding, inter alia, that complainant or his witness cannot be compelled to produce any documents. It is the onus of the complainant to prove his case. If it is found that some relevant documents have been withheld by the complainant, adverse inference could be drawn against him. This was passed on 5th January, 2011. Challenging the said order, the
