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2016 Supreme(MP) 787

J.P.GUPTA
Balkrishna Chourasiya – Appellant
Versus
Rajesh Vaidhya – Respondent


Advocates Appeared:
For the Applicant :Sachin Jain, Advocate.

ORDER :

J.P. Gupta, J.

This petition under Section 482 of Cr.P.C has been filed by the applicant for permitting to file a photocopy of the original document as a secondary evidence before the trial Court and further provide assistance to call for the records of the concerned bank account of the accused/respondent and record of the service of notice from the post-office, Sagar.

2. In brief, the relevant facts of the case are that the applicant has filed a complaint against the respondent under Section 138 of N.I. Act which was registered as a complaint case No.4754/2012 in connection with dishonor of cheque of the amount of Rs. 11,50,000/-, in which it is also stated the original cheque dated 20.05.2012 along with other original documents were stolen from the shop of the applicant on 30.08.2012, in respect of which on 31.08.2012, an FIR bearing Crime No.330/2012 was also lodged at Police Station Kotwali, Sagar.

3. In view of the facts during the trial, the applicant filed an application under Section 65 of the Evidence Act for permitting him to tender a photocopy of the original documents, which were stolen on 30.08.2012, as secondary evidence. That application was allowed vide order da

























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