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2014 Supreme(MP) 239

S.R.WAGHMARE
Ramesh Giri – Appellant
Versus
Dheeraj Gobhuj – Respondent


Advocates:
Manish Manana for applicant;
B.L. Jain for respondent.

ORDER

1. By this application under section 482 of the CrPC Ramesh Giri has challenged the order dated 9.1.2013 passed by the Additional Sessions Judge, Ujjain in Criminal Revision No.11/2013 upholding the order of the trial Court and dismissing the objection raised by the accused petitioner regarding insufficiently stamped document.

2. Brief facts of the prosecution case are that the respondent complainant had filed a complaint for offence under section 138 of the Negotiable Instrument Act (hereinafter referred as ‘the Act’) against the petitioner accused for settling a loan account with a Cooperative Society. The accused petitioner resisted the complaint by taking up a defence that a blank cheque was fraudulently obtained by respondent complainant and later on misused to file the present complaint. It came about that, while recording of the evidence of the complainant, he wanted a document dated 25.3.2011 to be marked as Exhibit P-1. The present petitioner accused objected to the document being first called a “receipt” since language in the document clearly indicated that it was a bond which was not properly stamped and on this ground it was inadmissible in evidence. This document w









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