SUNITA RANI Vs. DEORAJ

JUDGEMENT

(1.) B. K. Rathi, J. This is a revision under Section 397/401, Cr. P. C. against the order dated 9-4-1992 passed by the V Ad ditional Sessions Judge, Saharanpur in Criminal Revision No. 84 of 1991.

(2.) THE facts giving rise to this revision are as follows:

(3.) THE perusal of the order of the revisional Court shows that the revision has been allowed on a very flimsy ground that the photo copies of the letters of demand only have been filed. That the original letters have not been filed and have not been proved. THE learned Addi tional Sessions Judge overlooked the fact that the evidence was to be led in the Court under Sections 244 and 246, Cr. P. C. THE revisionist therefore, had an opportunity to file the original receipts at the time of evidence. THE photo copies prima facie proved the case and the summoning order could be passed on the basis of the photo copies. In my opinion, therefore, the learned Additional Sessions Judge has set aside the order for insufficient and im proper grounds.