BHUVANESHWARI Vs. PRASHANTH KUMAR

JUDGEMENT

(1.) Petitioner is before this Court under Article 227 of the Constitution of India read with Sec. 482 of Cr.PC with a prayer to set aside the order dtd. 29/12/2022 passed in C.C.No.343/2021 pending before the Court of Prl. Civil Judge and JMFC, Belthangady, D.K. District, wherein the prayer made by the petitioner to mark the Photostat copy of an unregistered agreement to sell dtd. 23/3/2021, was rejected.

(2.) Heard the learned Counsel for the petitioner.

(3.) Petitioner herein is being tried before the Trial Court in C.C.No.343/2021 for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881. During the course of cross-examination of PW-1, learned Counsel for the accused/petitioner herein had shown the Photostat copy of an unregistered agreement to sell dtd. 23/3/2021 and PW-1 had admitted his signature on the said document. The said document is an insufficiently stamped document. Learned Counsel for the accused had requested the Trial Court to permit him to mark the said document. However, learned Counsel for the complainant had opposed the same on the ground that it is a Photostat copy and also insufficiently stamped document. The Trial Court vide the order impugned rejected the prayer made by the accused to permit him to mark the Photostat copy of the document on the ground that it does not come within the purview of secondary evidence, and therefore, the same cannot be marked. Being aggrieved by the said order, the accused is before this Court.