KARAMJIT SINGH
Zeenie Gill Sandhu – Appellant
Versus
Ashok Kumar Goyal @ Rajja – Respondent
JUDGMENT :
KARAMJIT SINGH, J.
1. This order will dispose of the afore titled two petitions. CRM-M-3775-2024 is filed by the petitioner/accused against order dated 19.09.2023 (Annexure P4) passed by the Court of Judicial Magistrate, 1st Class, Sangrur whereby an application filed by the respondent/ complainant under Section 311 of Cr.P.C. has been allowed. CRM-M-3771-2024 is filed by the petitioner against the order dated 22.12.2023 passed by the Court of Judicial Magistrate, 1st Class, Sangrur whereby an application filed by the respondent/complainant under Section 65 of the Evidence Act has been allowed.
2. Brief facts of the case are that the respondent/complainant filed criminal complaint under Section 138 of Negotiable Instruments Act against the petitioner/accused alleging that the petitioner and her husband took loan of Rs.24.5 lakh from the respondent, out of which, they repaid Rs.15 lakh to the respondent and in order to discharge her liability, the petitioner issued cheque worth Rs.9.44 lakh in favour of the respondent but the same was dishonoured with remarks, “Funds Insufficient.” Then, the respondent sent statutory notice under Section 138 of Negotiable Instruments Act and
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Electronic documents can be admitted as secondary evidence in cheque dishonour cases if they meet the requirements of the Evidence Act, ensuring justice is served.
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The essentiality of evidence is the touchstone for allowing an application under Section 311 Cr.P.C., and even if allowing the application amounts to filling up a lacuna, it should not be an absolute....
Procedural laws facilitate justice but cannot remedy prior evidentiary omissions; applications under Section 311 Cr.P.C. must be judicious and cannot merely fill gaps post final arguments.
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