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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
J.M.KHAZI
Santosh S. Gogi S/o Late Subhash T. Gogi – Appellant
Versus
K. Srinivas Reddy S/o Krishna Reddy – Respondent
| Table of Content |
|---|
| 1. challenge of trial court ruling (Para 1 , 3) |
| 2. arguments on relevance of documents (Para 4 , 5) |
| 3. court's observation on document production (Para 6 , 12) |
| 4. complainant's claims regarding cheque dishonour and service fees. (Para 7 , 8 , 10) |
| 5. consideration of secondary evidence in the absence of originals. (Para 9 , 13) |
| 6. secondary evidence rules (Para 11) |
| 7. petition allowed and order issued (Para 14) |
ORDER :
1. In this petition, filed under Section 482 of Cr.P.C, complainant who is complainant before the trial Court has challenged the common order dated 17.10.2020, in C.C.No.8698/2018 on the file of XV ACMM, Bengaluru, rejecting application filed under Section 65(c) of Indian EVIDENCE ACT and application under Section 311 of Cr.P.C filed by him.
2. For the sake of convenience, the parties are referred to by their ranks before the trial Court.
3. In support of the petition, the complainant has contended that he has filed the complaint against the accused for the offences punishable under Section 138 of N.I Act. Accused had engaged the services of the complainant for various legal opinion, documents and also for litigation. He had informed the accused that his profes
The court ruled that when original documents are unavailable with the complainant, he may present secondary evidence to support his claims, ensuring a fair trial.
Photocopies can be admitted as secondary evidence when the original document is lost, provided they are relevant and material to the case.
Secondary evidence – Permitting a party to lead secondary evidence is exception and not rule.
The court has the discretion to allow the production of documents during the course of evidence under Section 242 of the Cr.P.C., and such allowance does not cause prejudice to the accused.
A photocopy of a document cannot be admitted as secondary evidence without satisfying the preconditions set forth in Section 66 of the Indian Evidence Act, including proof of the original's loss or a....
The admissibility of photocopies for cross-examination and the requirement for original documents as primary evidence under Section 62 of the Indian Evidence Act.
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