D. SWORNAPUSHPAM Vs. A. RAJKUMAR

JUDGEMENT

(1.) HEARD .

(2.) THIS revision has been filed against the order dated 16.05.2013 passed by the learned Judicial Magistrate, Fast Track Court at Magisterial Level, Karaikudi dealing with a case instituted by the respondent herein on a complaint, as C.C. No. 193 of 2012 for an alleged offence under Section 138 of the Negotiable Instruments Act.

(3.) THE trial of the case has not yet begun. While seeking to adduce evidence by way of proof affidavit, the respondent herein/complainant chose to annex one more document, viz. the Promissory Note allegedly executed by the petitioner herein/accused in favour of the respondent herein/complainant on 06.07.2011 in an attempt to prove that there was pre -existing debt, in discharge of which the dishonoured cheque came to be issued by the petitioner herein/accused. As the same was not produced along with the complaint and it was sought to be produced at the time of adducing evidence, the respondent herein/complainant filed Crl. M.P. No. 1825 of 2013 praying that he may be permitted to produce the said document in proof of his case, condoning the delay in producing the same. In the supporting affidavit, the complainant had stated that the said promissory note had been misplaced and was not readily available to be produced along with the complaint and that the same was traced out after making a search and was sought to be produced along with the proof affidavit as Document No. 5 annexed to the proof affidavit.