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2008 Supreme(Bom) 879

A.H.JOSHI
Gurmeet wife of Surjitsingh Asla – Appellant
Versus
Renusingh wife of Jogisingh – Respondent


Advocates appeared:
Mr. K.V. Thomas, Adv., for the petitioner.
Mr. Nikhil Deshpande, Adv., holding for Adv., Mr. A.S.
Jaiswal for respondent no.1.
Mr. A.S. Sonare, Additional Public Prosecutor for respondent no.2.

JUDGMENT :

1. Heard learned Advocate Mr. K.V. Thomas for the petitioner and learned Advocate Mr. Nikhil Deshpande with learned Advocate Mr. A.S. Jaiswal for the respondent no.1. Perused the application, order thereon, and all other annexures.

2. In the case under Section 138 of the Negotiable Instruments Act, petitioner-complainant had completed and closed her evidence, but, therefore filed applications [Exhs.100 and 101] seeking leave to file new documents and praying for permission to prove those. 3. It is alleged in these applications that certain documents were recently found, as those were misplaced/lost, and were relevant and vital for the case and hence production thereof and leave to prove the same be granted.

4. Applications were rejected by the Trial Court, holding that documents now sought to be produced and proved attempted to couch a plea totally different from one contained in the deposition of the complainant, and hence present petition is filed by the complainant.

5. Petition is opposed by the accused by urging that the petitioner has not and cannot overcome the facts and reasons which have weighed before Trial Court.

6. In the oral submissions-in-reply, learned Advo





























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