VINAY KUMAR C.H. Vs. SHIVASHANKAR B.

JUDGEMENT

(1.) The petitioner is before this Court calling in question order dtd. 21/4/2023 passed by the XVIII Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.12540 of 2020 allowing an application filed by the respondent/accused under Sec. 65 of the Indian Evidence Act, 1872 (' Evidence Act ' for short).

(2.) Heard Sri S.H. Raghavendra, learned counsel appearing for the petitioner and Sri L.Srinivasa, learned counsel appearing for the respondent.

(3.) The facts in brief germane are as follows:- The petitioner is the complainant and respondent is the accused. The two have a transaction and in furtherance of which the accused is said to have issued a cheque in favour of the complainant. The complainant when presents the cheque for realization, was dishonoured for want of sufficient funds. This leads the complainant to cause a legal notice upon the accused/ respondent and takes further proceedings by registering a complaint invoking Sec. 200 of the Cr.P.C. before the concerned Court. The learned Magistrate takes cognizance of the offence and issues summons to the accused. The issue in the lis, does not concern with the merit of the matter. What drives the petitioner/complainant to this Court is an order passed by the concerned Court on 21/4/2023 on the application filed by the accused under Sec. 65 of the Evidence Act. In the proceedings at the time when the evidence was on, the accused files an application before the concerned court under Sec. 65 of the Evidence Act to produce the loan agreement dtd. 9/10/2018 in a photo copy form - a notarized photo copy. The concerned Court, after considering the application averments and the objections, allows the application and directs production of photo copy of the loan agreement as sought by the accused. It is therefore, the petitioner/complainant is before this Court challenging the said order.