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2018 Supreme(Raj) 1780

KANWALJIT SINGH AHLUWALIA
Sudhir Chhabra – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
S.R. Surana, Senior Advocate, with K.K. Chhawal, for the Appellant; Meenakshi Pareek, P.P, for the Respondent

JUDGMENT

Kanwaljit Singh Ahluwalia, J. - Present petition has been filed under Section 482 Cr.P.C., 1973 to assail the order dated 17.09.2018 passed by the Court of Metropolitan Magistrate, No.21, Jaipur Metropolitan, Jaipur, whereby he accepted the application under section 65 of the Indian Evidence Act and partly allowed the application under Section 311 Cr.P.C., 1973 by summoning Lalit Kishore Sharma and Suresh Chandra Bhardwaj as witnesses.

2. The learned counsel appearing for the petitioner has made a grievance that the Court below gravely erred to permit the prosecution to prove photostat copies of the accounts book as secondary evidence.

3. Thus, the argument, which has been raised before this Court is whether the photostat copies of the accounts book can be made admissible by proving the same by way of leading secondary evidence.

4. Section 63 of the Evidence Act prescribes documents which can be taken into account as secondary evidence. Photocopy neither is certified copy nor it is a copy made from the original by mechanical processes which ensure the accuracy of the copy.

5. A Single Judge of Punjab and Haryana High Court in Darshan Kaur vs. The Amritsar Primary Co-operati

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