SHIVHARI LOKHANDE Vs. PRABHA SINGH

JUDGEMENT

(1.) Ms. Premlata Lokhande, learned counsel for the applicant. None appears for the respondent.

(2.) This petition under Sec. 482 of Code Criminal Procedure has been preferred by the petitioner for invoking the extra ordinary jurisdiction of this Court to set aside the order dated 09/09/2014 passed by the Fourth ASJ, Jabalpur in Criminal Revision No.182/2014 and to uphold the order dated 26/03/2014 passed by JMFC, Jabalpur in Criminal Case No.10517/2011.

(3.) Brief facts just necessary for disposal of this petition are, the respondent filed a criminal complaint case under Sec. 138 of Negotiable Instruments Act, before the learned JMFC, Jabalpur. During the pendency of the criminal case, an application under Sec. 65(C) of the Indian Evidence Act has been filed by the complainant/respondent. The learned JMFC dismissed the petition. In the criminal revision, learned Fourth ASJ, Jabalpur allowed the same, setting aside the order dated 26/03/2014 directed the trial Court to record secondary evidence in relation to the cheque and other documents which has been lost by the complainant.