KULBIR SINGH CHHABRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the present criminal misc. petition, the petitioner has prayed for following reliefs-: "It is, therefore, most humbly and respectfully prayed on behalf of petitioner that this criminal misc. petition may kindly be allowed and order dtd. 21/1/2021 passed by learned Special Judicial Magistrate (N.I. Act Cases) No.2, Udaipur in complaint case No.7666/2014; Kulbir Singh Chhabra Vs. Vinay Dagliya, may kindly be quashed and set aside and consequent thereto, the application filed by the petitioner under Sec. 65 of the Evidence Act may kindly be accepted. Any other appropriate order or direction which may be deemed just and proper in the facts and circumstances of the case may be passed in favour of the petitioner."

(2.) Succinctly stated, facts of the present case are that the respondent No.2 had issued two cheques having No.000051 and No.000052 for the repayment of the loan of Rs.20,00,000.00 to the petitioner which was returned from the bank on 12/8/2009 with the endorsement- 'funds insufficient'. In pursuance of the same the petitioner served a mandatory notice dtd. 5/9/2009 through his counsel and received the acknowledgment on 9/9/2019. He thereafter, filed a complaint under Sec. 138 of the N.I. Act and the learned trial court while taking cognizance of the matter, proceeded with the trial.

(3.) During the course of the trial, the petitioner submitted an application under Sec. 65 of the Indian Evidence Act before the learned Special Judicial Magistrate (N.I. Act Cases) Court No.2, Udaipur, stating therein that the retained original copy of the notice sent by the petitioner under the signatures of advocate to the respondent No.2 as per the provisions of the N.I. Act, through registered post and the acknowledgment due, had been misplaced/lost by the advocate of the petitioner and thus implored the Court to consider the photocopy of the legal notice sent by his advocate dtd. 1/9/2009 as secondary evidence of the original. However, the same has been rejected by the Special Judicial Magistrate (N.I. Act Cases) Court No.2, Udaipur vide impugned order dtd. 21/1/2021.