ORDER

1. In this petition filed under section 482 of the Code of Criminal Procedure, 1973, the legality, validity and propriety of the order dated 28.9.2021 (Annexure P/4) has been questioned, whereby the application filed by the Additional Public Prosecutor in Sessions Case No.176/2012 under section 63 of the Indian Evidence Act, 1872 (hereinafter referred to as “Act”) has been allowed by the learned Court below and permitted to produce the photocopy of cheques and photocopy of a complaint as secondary evidence.

2. The prosecution case, in brief, as reflected from the charge sheet and the impugned order is that an FIR dated 26.3.2012 was registered on the basis of a complaint made by one Munni and Anarkali against the applicants and another coaccused for offences punishable under sections 420, 409, 468, 471 and 34 of the Indian Penal Code. On completion of investigation, charge sheet was filed against the applicants and another co-accused. One of the co-accused persons died in an accident. Thereafter, charges were framed against the applicants which were denied by them and as such, they were put on trial. During the course of the trial, an application was moved by the Additional Pub