SHOBHASINGH PREMSINGH SANDHU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the parties. By consent, admitted and heard finally.

(2.) There is a dispute on the issue, whether the xerox copy of the cheque, which has been marked as Article 'A' should be marked as an Exhibit or not. According to the applicant, who is the original complainant, it should be, whereas, according to the respondent no.2, who is the original accused, it should not be.

(3.) In the course of arguments, the learned counsel for the applicant submits that all that he wants is that the cheque should be tentatively marked as an Exhibit, subject to the objection to such marking thereof, as has been raised by the respondent no.2 i.e. the original accused. The learned counsel for the applicant submits that all the relevant questions such as 'whether, the xerox copy is a secondary evidence of the original cheque' or 'whether, the same has been properly proved,' may be kept open, to be decided by the trial Court at the conclusion of the trial.