ORDER : 1. This appeal is filed challenging the judgment and order of acquittal passed in C.C.No.1408/2006 on the file of the III JMFC Court, Belagavi. 2. The brief facts of the case is that the complainant is the Mahaveer Co-operative Bank Limited and the accused being the member of the complainant-Society approached the said Society with a request for term loan of Rs.30,000/-for business purpose. Considering her request, the complainant-Society sanctioned term loan on 11.03.2003 and the accused assured repayment of the said amount by regular installments, but failed to pay the said amount and hence, on demand, issued the cheque for Rs.27,475/-payable in favour of the Society. The said cheque was presented and the same was dishonored and legal notice was issued and the same was served on the accused. The respondent/accused neither replied to the said notice nor complied the demand. Hence, the complaint was filed. 3. The complainant in order to prove the case, examined PW.1 and got marked documents as Exs.P.1 to 19. The trial Court having considered both the oral and documentary evidence, dismissed the case in coming to the conclusion that the complainant being a Society not placed the account extracts before the Court. The trial Court in detail discussed in para 15 of the judgment. Being aggrieved by the judgment and order of acquittal, the present appeal is filed. 4. The appellant along with this appeal, filed an application under Section 391 of Cr.P.C. praying this Court to permit to produce additional documents since the said documents are just and necessary to dispose of the appeal. In support of the said application, an affidavit is sworn to by the Chief Executive Officer of the Co-operative Society and in the affidavit it is sworn that he could not produce the account extracts and other relevant documents to substantiate their case and that the complainant was in the bonafide impression that the documents on record were sufficient to allow the complaint. However, the leaned Magistrate has dismissed the complaint for non-production of account extracts. 5. This Court after filing the appeal issued notice against the accused and the accused though being served, did not choose to appear before this Court and contest the matter and remained absent. 6. However, the leaned Magistrate has dismissed the complaint for non-production of account extracts. 5. This Court after filing the appeal issued notice against the accused and the accused though being served, did not choose to appear before this Court and contest the matter and remained absent. 6. Having considered the grounds urged in the appeal as well as the reasoning given by the trial Court in para 16 of the judgment and mainly the complaint is dismissed on the ground that the Society has not produced the statement of accounts and ought to have maintained the accounts and ought to have subjected the same for verification by the concerned Auditor and especially the accused has disputed the outstanding balance, hence, now an application is filed before this Court along with true copies of statement of accounts, cheque, ledger extract and other documents with regard to the transactions made by the accused with the Bank. 7. Having considered the grounds urged in the application and also the documents placed before this Court, it requires additional evidence and the same has to be adduced before the trial Court by the complainant and hence, this Court can exercise the powers under Section 391 of Cr.P.C. in order to meet the ends of justice to produce the additional documents which are relevant and the complainant is the Society registered under the Co-operative Societies Act and the documents which are maintained by the Society are essential documents to prove the case of the complainant and hence, the complainant/appellant has made out a case to allow the application filed under Section 391 of Cr.P.C. 8. In view of the discussions made above, this Court proceed to pass the following: ORDER The appeal is allowed. The impugned judgment of acquittal dated August, 2010 in C.C.No.1408/2006 on the file of the III J.M.F.C. Court, Belagavi is hereby set aside. The matter is remanded back to the trial Court for fresh consideration. The trial Court is directed to dispose of the matter as soon as possible immediately after securing the accused since the matter is of the year 2006 and permit the complainant to adduce further evidence in view of allowing of application filed under Section 391 of Cr.P.C.