Loss of original cheque does not invalidate a complaint under the Negotiable Instruments Act; reconstructed documents can suffice for trial.

JUDGMENT :

(Deepak Gupta, J.)

By way of this petition filed under Section 482 Cr.P.C., petitioner prays to quash the order dated 16.08.2023 (Annexure P14) passed by learned Judicial Magistrate Ist Class, Gurugram in complaint case No.NACT/6528 dated 25.05.2016, whereby the application moved by the petitioner, to adjourn the matter sine die or to dismiss the complaint, was dismissed. Under challenge is also the order dated 18.10.2023 (Annexure P15) passed by learned Additional Sessions Judge, Gurugram, whereby revision preferred against order dated 16.08.2023 (Annexure P14), was dismissed.

2. As it emerges, respondent-Softech Computers, filed a complaint before Judicial Magistrate Ist Class, Gurugram seeking prosecution of the accused M/s.PG Micro System Private Ltd. (present petitioner) under Section 138 and 141 of the Negotiable Instruments Act (for short, 'the NI Act') regarding dishonour of a cheque for an amount of Rs.28,00,092/-. Accused pleaded not guilty. Trial commenced.

3. It was claimed by the petitioner-accused that cheque in question had not been issued by him for discharging any liability and that the said cheque was neither signed by him nor was in his handwriting. This stand was also reiterated in the statement under Section 313 Cr.P.C. In its defence, the accused-petitioner-Company also got examined the cheque by an expert to support the stand. Complainant-respondent sought an opportunity to allow the examination of Handwriting by an Expert. Trial Court decided to send the cheque and the admitted signatures of the accused for comparison by RFSL, Bhondsi, Gurugram. However, the original cheque carrying the disputed signatures of the accused was lost in transit before forensic examination could be conducted by RFSL, Bhondsi, Gurugram. Petitioner-accused then moved an application, either to dismiss the complaint or to adjourn the case sine die, until the cheque in question is traced.

4. Respondent-complainant opposed the application by showing apprehension that the cheque in question along with four other cheques might have been managed to be misplaced by the accused, who were not willing to get the cheque in question compared. It was pointed out that an earlier order dated 01.10.2021 of the trial Court had been challenged before this Court but the revision against that order was dismissed by Hon'ble High Court on 09.08.2022. It was further submitted that copies of the cheques were still available on the case file and that the case could be decided on the basis of evidence available on record.

5. After hearing both the sides, learned trial Court dismissed the application by observing that loss of the cheque during transit was reported to the learned District and Sessions Judge, Gurugram and after necessary instructions, the missing documents have since been reconstructed and so, there was no question of dismissing the complaint or to adjourn it sine die. Learned trial Court also observed has under:-

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"It is also noteworthy to mention here that the only ground for claiming dismissal of the present complaint by the applicant/accused is that since the cheque in question has lost, it would not be feasible for this Court to decide the genuineness of the signature on the cheque in question which is under challenge in the present case from the very beginning. However, this Court does not find the above said contention of Ld. Counsel for the applicant/accused to be acceptable. Reason for the same is that it is not a case where there is no original cheque on the record of the case file from the very beginning. Rather, in the present case, the original cheque in question was produced by the complainant and the same has lost in transit during trial. The said document has already been reconstructed. Thus, with the help of reconstructed documents, the trial of the case can be very well proceeded further. Even otherwise, Sh.Narender Kumar, Senior Scientific Officer RFSL, Bhondsi, Gurugram has specifically suffered a