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SUBODH ABHYANKAR
Sher Khan – Appellant
Versus
Jitendra – Respondent
ORDER
1. Heard finally, with the consent of the parties.
2. This petition has been filed by the petitioner under section 482 of Cr.P.C. against the order dated 21.12.2023 passed in Criminal Revision No.89/2023 by Sessions Judge, Ratlam whereby, the order passed by the Judicial Magistrate First Class in Criminal Case No.3053/2014 dated 29.11.2023, allowing the complainant to lead secondary evidence in respect of a photocopy of the agreement, has been affirmed.
3. In brief, the facts of the case are that the petitioner and the respondent No.1 Jitendra entered into an agreement on 1.10.2010, for sale of the land bearing Survey No.1059/1 ad-measuring 0.020 hectares for a consideration of Rs.11,64,000/-. According to this agreement, the sale deed was to be executed on or before 1.2.2011, and on 19.5.2011, i.e., after expiry of the period as provided in the aforesaid agreement, the petitioner executed a registered sale deed in favour of Nathulal and Bhagwatilal, which led the respondent No.1 Jitendra to file a private complaint, which was registered as Criminal Case No.RCT 3053/2014, in which, at the time of recording of evidence, the respondent No.1 by filing an application under section
The main legal point established in the judgment is that the party seeking to admit secondary evidence must establish the non-production of the original document as required under the Indian Evidence....
A photocopy of a document cannot be admitted as secondary evidence without satisfying the preconditions set forth in Section 66 of the Indian Evidence Act, including proof of the original's loss or a....
Documents presented as secondary evidence must satisfy foundational requirements and cannot be admitted without proper explanation for the non-production of originals.
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