AMAR LAL Vs. SANJEEV ARORA AND ANOTHER

JUDGEMENT

(1.) Application is allowed as prayed for.

(2.) The contention of learned counsel for the petitioner is that the original receipts dated December 10, 2005 and December 27, 2005 were taken into possession by the Investigating Officer in case pertaining to FIR No.154, dated August 19, 2007, under Section 420 IPC, registered with Police Station Salem Tabri, District Ludhiana on April 06, 2008 along with original cheque of Rs. 1,50,000/- issued by the respondent/defendant drawn on ING Vasya Bank Ltd. dated February 17, 2007. The aforesaid cheque on presentation in the bank for encashment was dishonoured and returned along with its memo. During the trial of the aforesaid case, the above referred documents were found available in the concerned judicial file pertaining to challan under Section 173 Cr.P.C., 1973 of the said FIR. The petitioner is in possession of the photocopies of the aforesaid receipts, which are sought to be proved by way of secondary evidence, but the learned trial court has declined the application without any cogent or convincing reason. The production and proof of the aforesaid receipts are essential for the proper adjudication of the matter in controversy. Otherwise, the petitioner is likely to be greatly prejudiced.

(3.) This court has given a thoughtful consideration to the aforesaid submissions made by learned counsel for the petitioner and perused the records available on file.