SHIVRAJ SINGH YADAV Vs. PRATEEK JAIN

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been preferred by the applicant against the order dated 19/3/2019 passed by Judicial Magistrate First Class, Gwalior in Case No. 15455/2014 whereby the application under Section 65 of the Evidence Act filed by the applicant has been dismissed.

(2.) The facts leading to filing of present petition are that the applicant filed a private complaint under Section 138 of Negotiable Instruments Act before the Court of Judicial Magistrate First Class, Gwalior against the respondent alleging that the respondent had taken the loan of Rs. 2,17,000/- from the applicant and handed over a cheque bearing No. 007165 amounting to Rs. 3,00,000/-. The applicant presented the said cheque in the concerned bank on 21/6/2014 which was returned back on 12/7/2014 as dishonored due to insufficient balance. A notice dated 02/8/2014 was sent to the respondent by registered post which was duly received by the respondent.

(3.) During the pendency of the trial, the applicant moved an application under Section 65 of the Evidence Act stating therein that when the applicant appeared before the trial Court, then he came to know that he lost the original registry receipt of legal notice and receiving receipt of the same and inspite of his best efforts, the same could not be traced out, hence he sought permission to file the photocopy of the receipts in the Court as secondary evidence. The trial Court vide impugned order dated 19/3/2019 dismissed the aforesaid application preferred by the applicant. Being aggrieved by the impugned order, the applicant has preferred this petition.