RITESH DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. M. Bora, learned Senior counsel assisted by Mr. B. Bhagawati, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent No.1 and Mr. A. K. Bhuyan, learned counsel for the private respondent No.2.

(2.) This is an application filed under Sec. 482 read with Sec. 401 of the Code of Criminal Procedure Code, 1973 challenging the impugned Order dtd. 4/2/2023 passed by the learned Judicial Magistrate, First Class, Kamrup (M) in C.R. Case No.3974/2019 instituted under Sec. 138 of the Negotiable Instruments Act, 1881 for dishonor of 8(eight) numbers of cheques before the learned Court of Chief Judicial Magistrate, Kamrup(M) on 4/10/2019.

(3.) The present petition is filed by the accused petitioner challenging the legality and validity of the impugned Order dtd. 4/2/2023 passed by the Court of learned JMFC, Kamrup (M) in C.R. Case No.3974/2019 instituted under Sec. 138 of N.I. Act, allowing the prayer of the respondent No.2/complainant to file additional evidence on affidavit when the case is pending at the state of cross-examination of the complainant as prosecution witness No.1/P.W.1 and accepting some doubtful electronic evidence tendered by the respondent No.2/complainant through the said additional evidence on affidavit which were not in the complaint petition.