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2023 Supreme(UK) 339

SHARAD KUMAR SHARMA
Sharma Associates – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Kaushal Pandey, Advocate with Mr. H.S. Dhanik, Advocate, For the Respondent:Mr. Tumul K Nainwal, Mr. Arvind Vashistha, Senior Advocate, assisted by Mr. Imran Ali, Advocate

JUDGMENT :

In these four C482 Applications, the challenge, which has been given is to the order dated 15.03.2023, i.e. an order which has been passed by the learned Trial Court, who is presently ceased with the proceedings under section 138 of the Negotiable Instruments Act, by permitting the cross-examination of the witnesses through video conferencing.

2. It is this order, which has been put to challenge on an apprehension that there could be a possibility of tampering of the evidence or misleading the court by putting a false evidence, as per the unfounded apprehension expressed by the applicant in paragraph no.20, that there would be a possibility that the witnesses may be tutored by the opposite side.

3. In fact, in order to answer the theory of apprehension, which has been expressed by the learned counsel for the applicant, it would be necessary to deal with the Rules which have been framed by the High Court of Uttarakhand vide its Letter No.344/XXXVI-A- 1/20-342/2020, dated 26.11.2020, which has been framed by the High Court in the exercise of its powers under Article 225 to be read with Article 227 of the Constitution of India, namely, High Court of Uttarakhand Video Conferenc

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