IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR ON THE 2ND OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 58432 of 2025 SHREE KRISHNA TRADERS Versus SMT.NUPUR KUMARI SRIVASTAVA Appearance:

Petitioner Shree Krishna Traders through proprietor Sanjeev Rawat, present in person.

Shri Gaurav Kumar Verma, advocate for respondent.

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ORDER

This petition under Section 482 of Cr.P.C./528 of Bharatiya Nagarik Suraksha Sanhita,2023 is filed challenging the order dated 21.11.2025, whereby the application filed by the petitioner for adducing additional documentary evidence was rejected.

2 The exposition of facts, in brief, giving rise to present petition, is as under :-

A. The petitioner M/s Shree Krishna Traders filed a written complaint for offence punishable under Section 138 of Negotiable Instruments Act inter-alia alleging that the respondent/accused had given two cheques in furtherance of the commercial transaction. The complainant submitted the cheques for payment at Bank of India, Branch Freeganj, Ujjain. The cheques were dishonoured with intimation memo dated 6.1.2007. The complainant issued demand notice dated 17.1.2007 to the respondent. The respondent did not pay the amount of cheques. Therefore, the complaint is filed for offence punishable under Section 138 of Negotiable Instruments Act. The complaint was filed in the year 2007 which remained pending till date.

B. The case at SCNIA 6797 of 2015 was pending for evidence of complainant. The further examination-in-chief of the complainant was recorded on 11.10.2025. The cross-examination of the complainant concluded on 15.10.2025. The complainant filed an application for submission of additional documentary evidence on 13.10.2025, inter-alia proposing six documents showing transaction interse between accused No.1, accused No. 4, accused no. 5 and accused no. 7 and the correspondence relating thereto. It is stated in the application that the documents are relevant and important to show that the cheques in question were given in relation to the agreement dated 7.8.2006 between accused No. 1 and accused no. 5 regarding supply of metal scrape and to show in furtherance of transaction the cheque in questions were given to the complainant.

C. The trial Court i.e. Judicial Magistrate First Class, Ujjain heard both the parties and rejected the application vide impugned order dated 21.11.2025 mainly on the ground that the application proposing the documents appears to have been filed to fill up the lacuna in the evidence of the complainant. The proposed documents were in knowledge of the complainant. There is no satisfactory explanation for delay in filing of these documents.

3. The present petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, is filed assailing the impugned order mainly on following grounds:

1. The proposed documents were necessary for just and fair trial.

The trial Court committed an error in holding that additional documentary evidence are sought to be brought on record to fill up lacuna and omission at a later stage. Infact, the additional documents are in respect of chain of events in the business transaction between the petitioner and accused No. 1 to 8.

2. The proposed documents have direct relevance to the matter in issue.

3. The documents were received by the complainant on

29.10.2025 from an ex-employee of the respondent. Thereafter, they were submitted immediately before the trial court. These documents relate to transaction interse between the respondents, therefore, they were not in possession of the complainant.

On these grounds, it is prayed that the impugned order dated

21.11.2025 be set aside and the additional documentary evidence be taken on record of the trial Court.

4. Learned counsel for the petitioner in addition to the grounds mentioned in the petition submits that the documents are relevant for fai