JAGDISHCHANDRA CHANDULAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is directed against the order passed by the learned Metropolitan Magistrate, Court No. 5 at Ahmedabad on 4-9-86 on application filed in Criminal Case No. 1793/83.

(2.) In a nutshell it may be stated that the petitioner, who is the original complainant has filed the Complaint in the Court of learned Metropolitan Magistrate, Court No. 5, Ahmedabad against the opponents 2 and 3 (original accused) for the offences under S.420 read with S.34 and/or S.109 of the I.P.C. and the said complaint was registered as Criminal Case No. 1793/83. It is alleged that the accused 1 and 2 who are present opponents 2 and 3 had previously sold land to one Mahobatsing Mansing Jadeja by a registered sale deed and they suppressed this material fact from the present petitioner (original complainant) and induced the complainant to part with the amount of Rs. 72,500/-.

(3.) During the course of the proceedings an application was preferred for producing certain documents and for exhibiting the same if the other side i.e. the accused have no objection. The said application was filed by the original complainant. Along with the said application he has produced 14 documents as described therein. Before the learned Magistrate the dispute was with regard to exhibiting of documents at Sl. Nos. 4, 6, 9 and 12. The learned Magistrate by his order dt. 4-9-86 dismissed the said application in respect of the aforesaid four documents on the ground that they are not public documents and therefore the contents thereof cannot be proved by the certified copies thereof.