A certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (corresponding to Section 65-B of the Indian Evidence Act) can be produced at any stage before the conclusion of the trial and does not necessarily amount to filling lacunae in the prosecution's case.

Order Sheet

11/05/2026

Shri K.P.S.Gandhi, counsel for the petitioner.

Heard.

Issue notice to the respondent on payment of PF as per rules.

Also heard on I.A. No. 01, application for grant of interim relief/stay.

Learned counsel for the petitioner submits that the petitioner is the complainant before the learned trial Court and is prosecuting a complaint under Section 138 of the Negotiable Instruments Act. In support of his case, the petitioner preferred an application under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 seeking admission of the document in question. However, the learned trial Court rejected the said application on the ground that the same had been filed at a belated stage and that permitting such application would amount to filling up the lacunae in the prosecution case.

Placing reliance upon the judgment of the Apex Court in State of Karnataka vs. T. Naseer and Others , reported in (2024) 16 SCC 169, learned counsel for the petitioner contended that the certificate contemplated under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (corresponding to Section 65-B of the Indian Evidence Act) can be brought on record at any stage prior to conclusion of the trial and that filing of such certificate would not amount to filling up the lacunae in the case.

Considering the submissions advanced on behalf of the petitioner, purely by way of an interim measure, further proceedings in Complaint Case No. NIA/858/2021 pending before the Court of Judicial Magistrate First Class, Bilaspur, shall remain stayed till the next date of hearing.

It is made clear that in the event the petitioner fails to pay the process fee for issuance of notice to the respondent, the interim order granted herein shall automatically lose its efficacy without further reference to the Bench.