P. CHHAGANLAL DAGA Vs. M. SANJAY SHAW

JUDGEMENT

(1.) Leave granted.

(2.) It is very unfortunate that the High Court by the impugned judgment has interfered with an order passed by a trial Magistrate permitting the complainant to produce a document though at the fag end of the trial.

(3.) In a prosecution launched by the appellant under Section 138 of the Negotiable Instruments Act, the appellant completed the evidence including his own examination, cross-examination and re-examination. During such cross-examination the respondent-accused contested the question of service of notice envisaged under Section 138 of the Negotiable Instruments Act. The acknowledgement card produced by the complainant contained a signature which the accused disowned as his. After the arguments concluded and the case was posted for Judgement the complainant moved the trial court for reception of additional material (by producing a postal receipt) in exercise of the powers under Section 311 of the Code of Criminal Procedure. The trial court felt that the said material was necessary for the just decision of the case and hence allowed the same to come on record. The said order of the trial Magistrate was challenged by the accused before the High Court.