CRL OP No. 21753 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.O.P.No.21753 of 2026 P.Appumanikandan ..Petitioner(s) Vs S.Rajesh Jain ..Respondent(s) Prayer: Criminal Original Petition filed under Section 528 of BNSS, to set aside the order in STC.No.2192 of 2024 dated 11.06.2026. For Petitioner(s): Mr.S.Kasirajan ORDER This Criminal Original Petition has been filed to challenge the order dated 11.06.2026 in M.P.No.2 of 2026 in STC.No.2192 of 2024. 2. The petitioner, being the accused in a private complaint alleging an offence under Section 138 of the Negotiable Instruments Act, filed the above application under Section 91 of the CrPC requesting the complainant to produce certain documents. https://www.mhc.tn.gov.in/judis CRL OP No. 21753 of 2026 __________ Page2 of 4 3. While it is the case of the complainant that he has advanced money, the accused side is denying the same, and for this purpose, they require the complainant to produce certain documents, which include the ledger maintained by them. The Trial Court, however, has dismissed the application on the reasoning that the accused should first rebut the presumption and cannot shift the burden. The said reasoning is not correct, since, only to rebut the presumption, the accused can resort to any type of method by which he can bring forth the truth to the file of the Court. 4. At the same time, when the ledger of the complainant is demanded, it is for the complainant to have produced the same or not, the accused had already cross-examined the witness, and if the complainant has not produced the ledger, then appropriate arguments can be made with inference to the same. The same can be considered subject to the relevance and proof otherwise given by the complainant for the advancing of the loan. 5. With the above observations, I find no error in the ultimate decision of the Trial Court in dismissing the application. https://www.mhc.tn.gov.in/judis CRL OP No. 21753 of 2026 __________ Page3 of 4 6. This Criminal Original Petition stands disposed of. 07-08-2026 Neutral Citation: Yes/No jas To 1.The Judicial Magistrate – II, Pondicherry. 2.The Fast Track Court (NI Act), Puducherry. https://www.mhc.tn.gov.in/judis CRL OP No. 21753 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY, J. jas Crl.O.P.No.21753 of 2026 07-08-2026 https://www.mhc.tn.gov.in/judis