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2024 Supreme(Online)(MP) 33777

HIGH COURT OF MADHYA PRADESH
GURPAL SINGH AHLUWALIA
Ashok Kumar Jain – Appellant
Versus
Rishabh Kumar Jain – Respondent


Advocates:
Prashant Dubey,

ORDER

This application under section 482 of CrPC has been filed against the order dated 3.10.2023 passed by JMFC, Damoh in SCNIA No.199/2017 by which the application filed by the applicant under section 91 of CrPC was dismissed as well as against the order dated 22.1.2024 passed by First Additional Sessions Judge, Damoh in Criminal Revision No.59/2023 by which the revision filed by the applicant against the order dated 3.10.2023 passed by the trial court has been dismissed.

2. It is submitted by counsel for applicant that the applicant is facing trial for offence under section 138 of Negotiable Instruments Act. A family settlement had taken place and original copy of the said settlement is in possession of the respondent; whereas the applicant is in possession of only photocopy of the said document. Earlier he had filed an application for leading secondary evidence. However, the said application was rejected. Now he has filed an application under section 91 of CrPC for production of the original copy of settlement. However, by the impugned order it has been rejected. It is submitted that it is incorrect to say that the family settlement has nothing to do with the cheque in questi

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