RAJ VISHWAKARMA Vs. JABALPUR SAHKARI DUGDH SANGH

JUDGEMENT

(1.) These four petitions have been filed under section 482 of CrPC on 12.9.2019.

(2.) The respondent has filed 4 criminal cases against the petitioners bearing Case Nos.5708/2014, 5710/2014, 5709/2014 and 5707/2019 before the Court of Judicial Magistrate First Class, Katni under section 138 of Negotiable Instruments Act. The cases were based on the cheques issued by the petitioners and the aforesaid cheques could not encash because of insufficient fund. The complainant also issued the notice to the respondent but the payment has not been made.

(3.) During the pendency of the aforesaid criminal cases, the complainant filed an application under section 65 of the Evidence Act, 1872. It is stated in the application that the original postal receipt along with the written envelope has been misplaced. The aforesaid documents were submitted with the complaint and after comparison from the copies, the documents were returned to the counsel for complainant. The documents were in possession of the counsel but after several efforts, the counsel could not trace out the postal receipt and the written envelope. The documents have been misplaced in the various files of the office of counsel. Therefore, the complainant seeks permission to prove the aforesaid postal receipt and written envelope by the help of secondary evidence.