BALKRISHNA CHOURASIYA Vs. RAJESH VAIDHYA

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C. has been filed by the applicant for permitting to file a photocopy of the original document as a secondary evidence before the trial Court and further provide assistance to call for the records of the concerned bank account of the accused/respondent and record of the service of notice from the post-office, Sagar.

(2.) In brief, the relevant facts of the case are that the applicant has filed a complaint against the respondent under Section 138 of N.I. Act which was registered as a complaint case No.4754/2012 in connection with dishonour of cheque of the amount of Rs. 11,50,000/-, in which it is also stated the original cheque dated 20.05.2012 along with other original documents were stolen from the shop of the applicant on 30.08.2012, in respect of which on 31.08.2012, an FIR bearing Crime No.330/2012 was also lodged at Police Station Kotwali, Sagar.

(3.) In view of the facts during the trial, the applicant filed an application under Section 65 of the Evidence Act for permitting him to tender a photocopy of the original documents, which were stolen on 30.08.2012, as secondary evidence. That application was allowed vide order dated 07.08.2014 by the Trial Court. The said order was challenged by way of Cr. Revision No.250/2014 before the learned Second ASJ, Sagar. The Second Additional Sessions Judge vide order dated 6.12.2014 allowed the Cri. Revision No.250/2014 and set aside the order of the trial court with the direction to decide the application under Section 65 of the Evidence Act after giving opportunity of being heard to the parties and taking into consideration the principles enunciated in the case of Hazi Mohd Islam v. Ajgar Ali, 2007 AIR MP 157 .