BHURUMAL AGARWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present C482 application, applicant has put to challenge the order dtd. 13/3/2024, passed by learned Civil Judge (J.D.)/Judicial Magistrate, Rishikesh, District Dehradun in Complaint Case No.02 of 2019, Bhurumal vs. Smt. Rajbala and another, under Sec. 138 of Negotiable Instruments Act, 1881 (for short "The Act, 1881").

(2.) Brief facts of the case are that on 2/1/2019, applicant filed a complaint against the private respondents under Sec. 138 of the Act, 1881 stating therein that respondents due to old relation requested to lend them Rs.5,50,000.00 as loan in the month of June, 2016 and in lieu thereto, they gave a signed cheque numbered as 000023 dtd. 26/11/2018 to the applicant and the said cheque was dishonoured with an endorsement 'payment stopped' on 27/11/2018, for which, applicant sent a legal notice to the respondents but even after service of notice, the respondents did not pay the amount under cheque to the applicant.

(3.) After filing of the aforesaid case, private respondents put their appearance and subsequently, their statements were recorded under Sec. 251 Cr.P.C. on 10/2/2021. After recording of their evidence under Sec. 251 Cr.P.C., the trial court proceeded and after taking all the evidence, the statements of private respondents under Sec. 313 Cr.P.C. were also recorded on 28/7/2022. Thereafter, on 13/2/2024, private respondents moved an application before the trial court to permit them to file some documents i.e. transcript of audio recording of talks between the applicant and respondent no.2 prior to the institution of the case, original pen drive and certificate under Sec. 65-B of the Indian Evidence Act. Applicant filed his objections to the said application on 28/2/2024. The learned trial court vide order dtd. 13/3/2024 allowed the application filed by the private respondents and the documents filed by them was taken into evidence. Thus, against the said order, applicant is before this Court.