IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY th ON THE 11 OF SEPTEMBER, 2023 MISC. CRIMINAL CASE No. 32153 of 2023 BETWEEN:-

ANITA GUPTA W/O SHRI GOPAL DAS GUPTA, AGED ABOUT 53 YEARS, OCCUPATION: BUSINESS, R/O 21, RAVI NAGAR, NEAR KHEDAPATI COLONY, GWALIOR (MADHYA PRADESH)

.....PETITIONER (BY SHRI D.K.AGRAWAL - ADVOCATE )

AND ASHA RAM SINGH MAVAI S/O SHRI DILIP SINGH, AGED ABOUT 73 YEARS, OCCUPATION: AGRICULTURIST, R/O SAI COLONY, GUDI GUDA KA NAKA, LASHKAR GWALIOR (MADHYA PRADESH)

.....RESPONDENT (BY SHRI SANJAY GUPTA - ADVOCATE)

This petition coming on for admission this day, the court passed the following:

ORDER

This petition under Section 482 of Cr.P.C. has been filed by petitioner/accused seeking quashment of order dated 27/6/2023 passed by JMFC, Gwalior in complaint case No. NIA 11750/2010; whereby, rejecting the applications filed by petitioner, inadmissible documents allowed to be taken on record in violation of mandatory provisions under Section 65-B of the Evidence Act read with Section 2(8), 2-A (a)(b)(c) and 4 of the Bankers Books Evidence Act.

Briefly stated facts of the case are that respondent had filed a private complaint before the Court below alleging that the cheque qiven by petitioner returned unpaid. After completion of complainant's evidence, petitioner submitted her defence and thereafter, the case was closed for final arguments on 3/11/2016 and on 26/12/2016, respondent filed an application under Section 311 of Cr.P.C. for calling account statement of petitioner and summoning bank manager / employee of IDBI bank. On 2/2/2017, application was allowed and summons were issued. On 8/6/2017, Sales Executive of IDBI Bank Nishant Gupta appeared with documents viz. printout of bank account statement of petitioner and cheque return register of IDBI Bank and same were exhibited. On 27/4/2023, petitioner filed an application for providing certified copies of documents; however, trial Court refused to provide the same. Thereafter, on 1/5/2023 petitioner filed another application raising objections under Section 313 of the Cr.P.C. about admissibility of the documents. Thereafter, vide order dated 27/6/2023 trial Court held that though Ex. P/9 and P/10 are not certified copies nor having enclosed any certificate; but since no objection was taken on 8/6/2017 when these documents were exhibited rejected the objections/applications of petitioner with cost of Rs. 1,000/- and fixed the matter for evidence of petitioner/accused. Hence, petitioner is befog this Court.

It is the submission of learned counsel for the petitioner that in absence of mandatory certification under Section 65-B(1) and (4) of Indian Evidence Act and also Banker's Books Evidence Act, documents Ex. P/9 and P/10 are inherently inadmissible in evidence. In support of his submission he relied upon decision of Apex Court in the matter of Ravinder Singh Vs. State of Punjab, (2022) 7 SCC 581 as well as Union of India and Ors. Vs. CDR Ravindra V. Desai, (2018) 16 SCC 273. It is further submitted that objection regarding inadmissibility of any documents can be taken at any stage either at trial Court or before appellate Court. In support of his submission he relied upon decision of Apex Court in the matter of Sonu Vs. State of Haryana, (2017) 8 SCC 570 and Arjun Panditrao Khotkar Vs. Kailash Kushanrao Gorantyal and Ors., (2020) 7 SCC 1.

On the other hand, learned counsel for the respondent/complainant supported the impugned award and prayed for dismissal of the petition.

Heard.

It is a case of cheque bouncing. At the state of examination of accused, the complainant filed an application under Section 311 of Cr.P.C. for calling the bank record which was allowed on 2/2/2017. Afterwards on 8/6/2017, the bank officer of IDBI Bank was examined. This witness PW/2- Nishant Gupat in his statement exhibited the account statement of the petitioner vide Ex. P/9 and Bank memo regarding the dishonour of cheque vide Ex. P/10.

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