Mahesh Bhagwati, J.

Challenge in this Criminal Misc. Petition is to the order dated 12th May, 2009, whereby the learned Additional Chief Judicial Magistrate, CBI Cases, Jodhpur permitted the complainant non petitioner no.2 Ram Arora to file the photostat copies of certain documents as secondary evidence.

2. Shorn of unnecessary details, the facts of the case are that one complaint for the offence under Section 138 of Negotiable Instruments Act came to be filed by the non petitioner no.2-complainant Ram Arora against the accused petitioner Abdul Mutlib in the court of ACJM, CBI Cases, Jodhpur. During the trial, the complainant Ram Arora filed photostat copies of the bills in the court imploring that this photostat copy should be treated as secondary evidence under Section 65 of Indian Evidence Act.

3. The trial court after hearing the parties allowed the prayer and permitted the complainant to file the photostat copies of the bills as secondary evidence.

4. Having heard the learned counsel for the parties and carefully scanned the relevant material on record including the provisions of law, a very short question springing for consideration in the instant petition is as to whether