RAJKUMAR AGARWAL Vs. PUSHPAK ENTERPRISES

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Cr.P.C. to assail the order dtd. 12/9/2018 passed by the court of Special Metropolitan Magistrate (N.I. Act Cases) No. 5, Jaipur Metropolitan.

(2.) A perusal of the order dtd. 12/9/2018 reveals that counsel for the petitioner had commenced cross-examination of the complainant and in the midst of the cross-examination, the complainant filed an application that he be permitted to exhibit statement of bank account, which reflect that amount was transferred by the complainant in favour of the accused.

(3.) Learned counsel for the petitioner has submitted that the trial Judge committed a grave error to allow the application and the same amounts to filling lacunae of the case of the complainant. Learned counsel for the petitioner has submitted that the complainant at the first instance should have placed bank statement on record.