2007 Supreme(All) 402
[2007(3) ADJ 23 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : R.K. RASTOGI, J.
MOHO. ABU LAS KHAN .....Applicant
Versus
STATE OF U.P. AND ANOTHER .....Respondents
(Criminal Misc. Application No. 3074 of 2007, decided on 20th February. 2007)
Advocates:
Counsel :
Vikram Singh and Ranjit Singh for the Applicant; A.G.A. for the Respondents.
Headnote:Evidence Act, 1872—Section 65(c)—Secondary evidence—When can be produced—Disputed original cheque which was ordered to be kept in a sealed cover was not available on file—If has been noted on order sheet that• disputed cheque has not been’ received in office after being sealed—Since sealed cheque was not available in file of case—Presiding Officer passed an order that information to this effect be given to District Judge—And complainant should produce secondary evidence of disputed cheque—A photocopy of original cheque was filed by complainant—objection filed by accused—In view of requirement of Section 65(c) when cheque was not available, a preliminary inquiry regarding loss of cheque should have been held—Then findings should have been recorded to this effect that cheque had been lost—Only then an order could be passed for production of its secondary evidence—Presiding Officer failed to do so—Thus, committed legal error in directing complainant to produce secondary evidence—Without recording any finding about loss of original cheque.
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