GEE YES ISWARYA REAL ESTATE Vs. HARISH CONSTRUCTIONS

JUDGEMENT

(1.) This Criminal Original Petition is filed challenging the order dated 21.4.2008 passed by the learned Additional District and Sessions Judge (Fast Track Court No.3), Coimbatore in Criminal Revision Petition No.158 of 2007.

(2.) In the course of arguments, it is brought to the notice of this Court by the learned counsel for the respondent/complainant that Ex.D.1 is the xerox copy of the original document dated 1.7.2005 styled as undertaking agreement and the same is admittedly in the custody of the respondent/complainant and the accused filed an application to direct the complainant to produce the same and the same was produced before the trial court, as per the order made in CMP No.9092/2007. Thereafter, the document was tampered with and such tampered document was marked through PW1 as Ex.D.1 in the course of cross examination on behalf of the accused. It is further stated that oral enquiry was conducted by the court below with regard to tampering of the document with reference to the concerned staff members.

(3.) Hence, the lower court is directed to submit a detailed affidavit regarding the date on which, the document was prepared, the relevant period at which the document was altered, the period during which the oral enquiry was held by the concerned court and the manner of enquiry as to whether the parties were enquired into etc., to ascertain the actual state of affairs and the outcome of so called oral enquiry held by the lower court so as to enable this Court to take appropriate further action in this regard."