Dear Mr. Joshi,
You need to submit before the Court that you need a specific defence towards those documents, and you have to satisfy the court that as to what defence is to concluded through those documents. Further you need to show to the court if those documents are not produced the right of accused to make a proper defence wud be prejudiced.
For this purpose you need to move a specific application under section 91 of the Code of Criminal Procedure, 1973, which be read as hereunder:
91. Summons to produce document or other thing.
(1) Whenever any court or any officer in charge of a police station considers that the production of any document of or other thing is necessary or desirable for the purposes of any investigation, inquiry, may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be requiring him to attend and produce it or to produce it at the time and place stated in the summons or order.
(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.
(3) Nothing in this section shall be deemed -
(a) To affect, sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or the Bankers, Books Evidence Act, 1891(13 of 1891), or
(b) To apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.
If your application is rejected by the Court then you must go for revision, surely you wud get relief.
If the Complainant do not answer to any specific question put by you during trial or fails to produce document, then you can take benifit of section 349 of Code of Criminal Procedure, 1973, which be read as under:
349. Imprisonment or Committal of person refusing to answer or produce document.
If any witness or person called to produce a document or thing before a Criminal Court refuses to answer such question as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not, after a reasonable opportunity has been given to him so to do, offer any reasonable excuse for such refusal such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment or by warrant under the hand of the presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing and in the event of his persisting in his refusal he may be dealt with according to the provisions of section 345 of section 346.
I hope you wud be satisfied.
Thanks
