C AKBAR BASHA Vs. SHAKUNTHALA GUPTA

JUDGEMENT

(1.) Respondent 1 is the Plaintiff. Petitioner, Respondents 2 and 3 are the Defendants, in a suit for recovery of money. By filing written statement suit has been contested. Issues having been framed, the trial has commenced. During the course of examination of P.W. 1, a certified copy of the cheque was sought to be exhibited, to which an objection was raised by the learned Counsel for the Defendants 1 and 2. The further examination was deferred and the objection was heard. The point raised for consideration was, whether the certified copy of the cheque in question can be marked as exhibit on behalf of the Plaintiff?

(2.) The Plaintiff did not produce the original of the cheque, whereas, he produced a certified copy issued by the Court. The objection raised was overruled and the certified copy was permitted to be marked as exhibit on behalf of the Plaintiff subject to proving of its contents. Said order has been questioned in this writ petition.

(3.) Sri Irshad Ahmed K, learned Advocate appearing for the Petitioner contended that, the objection was particularly with regard to cheque being forged and tampered and in the circumstances, the original alone should be produced and marked and not a certified copy and in overruling the objection, the Trial Court has committed irrationality and illegality.