RAJESH GUPTA Vs. JAGDISH GUPTA

JUDGEMENT

(1.) ORDER :- Petitioner calls in question orders dated 12-12-1995 and 13-3-1996 passed by learned Judicial Magistrate (Sub Judge), Jammu and learned Addl. Sessions Judge, Jammu, whereby some documents produced by the respondent were allowed to be taken on record in a complaint filed by him under Sec. 138-A of the Negotiable Instruments Act.

(2.) It appears that a complaint was lodged by the respondent against the petitioner under S. 138-A of the Negotiable Instruments Act. The substance of allegation was put to him under S. 242, Cr.P.C. Thereafter the respondent (complainant) sought to place some documents on record in support of his case. This was allowed by the Magistrate by placing reliance on a judgment of this Court, 1987 Kash LJ 712 : ( 1988 Cri L.J 1141 ) and by overruling the objection taken by the petitioner (accused) that no such document could be permitted to be brought on record after the statement of the accused was recorded under S. 242, Cr.P.C.

(3.) Petitioner questioned this order of the Magistrate in a revision before the learned Addi. Sessions Judge, but failed. The revisional Court took the view that the Magistrate was not debarred from allowing the documents to be placed on record after he had recorded the statement of the accused under S. 242, Cr.P.C. He also found the action in order as according to him, no prejudice was likely to be caused to the accused.