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1992 Supreme(Ori) 205

S.K.MOHANTY
BASUDEV SAHOO – Appellant
Versus
AKSHAYA KUMAR DAS – Respondent


Advocates Appeared:
L. Mohapatra, R.K. Mohanty, P.K. Patnaik and C.R. Mohapatra, for the Appellant; Susil Ku. Patnaik, for the Respondent

JUDGMENT :

S.K. Mohanty, J. - Accused is in revision against order passed by the Judicial Magistrate, not allowing his prayer to read as evidence certain receipts filed by him or to recall the complainant for further examination with reference to the receipts or to afford reasonable opportunity to the accused to prove the same.

2. Accused petitioner is being tried for the offences Under Sections 419 and 420, IPC. in the Court below. Statement of the accused petitioner was recorded on 19-9-1988. He declined to adduce evidence and argument was heard on that day. The case was then posted to 24-9-1988 for judgment. On 23-9-1988 the accused filed a petition stating that he was filing some money receipts which may be read as evidence in the case, if their genuineness is not disputed or also complainant may be recalled for further examination or reasonable opportunity may be given to the accused to prove those receipts.

3. It is urged on behalf of the accused, that the trial Court should have allowed his prayer to bring the receipts in question on record as they were essential to the just decision of the case.

4. In the impugned order dated 30-9-1988 with reference to the petition dated 23-9-






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