RITA SEMUAL Vs. B.K. KURMI

JUDGEMENT

(1.) THE applicant/accused has filed this revision under Sections 397/401 of the Cr.P.C. being aggrieved by the order dated 23.6.2012 passed by the J.M.F.C., Jabalpur in Complain Case No. 18635/07 filed by the respondent to prosecute the applicant under Section 138 of the Negotiable Instruments Act on the strength of some cheque whereby application of the respondent under Section 65 of the Evidence Act permitting him to adduce the secondary evidence with respect of the original cheque and other documents, has been allowed. Applicant's Counsel after taking me through the averments of the revision memo as well as the papers placed on the record along with the impugned order so also by referring some papers from his file argued that the impugned complaint was filed initially by respondent without annexing the original cheque and some documents through some Counsel but at the stage of recording the evidence the impugned application was filed under Section 65 of the Evidence Act contending that he had given all the original documents including the cheque in dispute to his Counsel but subsequently such Counsel had neither filed such documents in the Court nor returned to the respondent and, in spite making efforts, such original documents were not given by the Counsel to the respondent then he made complaint in this regard to the State Bar Council and some action was taken by such authorities against the concerning Advocate namely, Vivek Sachan and his registration has been suspended for five years and he has been debarred from practising for further five years. But such application was allowed by the trial Court without holding any inquiry with respect of aforesaid facts and in such premises the impugned order is not sustainable and prayed to dismiss the IA by setting aside the impugned order by allowing this revision.

(2.) AFTER hearing the Counsel, on perusing the available papers it is apparent that the original documents are not with the respondent and it is not the case that such original documents are with the applicant or some other person. As per allegations, the same are with the aforesaid Counsel who did not return to the respondent. So, in such premises, the impugned application was filed by the respondent and the trial Court taking into consideration such situation, after dismissing the objection of the applicant by allowing the application permitted the respondents to prove such documents through secondary evidence on the basis of the photo copy of the same placed on the record with the complaint.