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2024 Supreme(Online)(MP) 16462

HIGH COURT OF MADHYA PRADESH
Deepak Gupta – Appellant
Versus
Mukesh Varma – Respondent


Advocates:
Vivek Kumar Mishra,

ORDER

1. The present petition under Section 482 of Cr.P.C. is preferred by the petitioner arising out of the order dated 19-02-2024 passed by the XIV Additional Sessions Judge, Gwalior whereby the revision preferred by the petitioner against the order dated 03-11-2023 got dismissed, petitioner is also aggrieved by the order dated 03-11-2023 passed by the JMFC, Gwalior whereby the application preferred by the respondent under Section 65 of the Evidence Act was allowed and two documents; one Postal Receipt and another Delivery Report of notice were taken into evidence as secondary evidence.

2. Petitioner is an accused in the case and facing proceedings under Section 138 of the Negotiable Instruments Act instituted at the instance of respondent. As submitted, at the time of evidence of complainant, an application under Section 65 of Evidence Act is being preferred by the respondent for taking the Postal Receipt for sending the notice dated 08-02- 2017 issued by the India Post on record and Delivery Report through which complainant intended to show service of notice to the petitioner which is reflected Online on website of India Post, on record. Both these documents were not in po

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