The court emphasized the importance of exhibiting documents for a just decision, criticizing the revisional court for acting mechanically in setting aside the trial court's order.

Order

08/05/2025

The present revision petition under Section 397/401 Cr.P.C. has been filed by the accused-petitioner against the order dated 04.11.2023 passed by the learned Additional Session Judge No.2, Hanumangarh in Cr. Revision No.88/2022 whereby the learned revisional court allowed the revision filed by the accused- respondent No.2 and set aside the order dated 19.09.2019, passed by the learned Additional Chief Judicial Magistrate, Hanumangarh in Cr. Case No.214/2017, by which the learned trial court allowed the application under Section 311 Cr.P.C. filed by the petitioner.

Learned counsel for the petitioner submits the petitioner filed a complaint under Section 138 of NI Act against the accused-respondent No.2. After completion of the evidence, when the matter was fixed for final hearing, at that time petitioner filed an application under Section 311 Cr.P.C. stating that due to oversight, the documents which were filed with the affidavit, could not be exhibited, therefore, the same may be exhibited. After hearing both the parties, the said application was allowed by the trial court i.e. Additional Chief Judicial Magistarte, Hanumangarh vide order dated 19.09.2019. Against the said order, a revision was preferred by the respondent No.2, which was allowed by the revisional court i.e. Additional Session Judge No.2, Hanumangarh vide impugned order dated 04.11.2023.

Counsel submits that the order passed by the revisional court is per se illegal and deserves to be quashed and set aside. The petitioner/complainant filed some documents along with his affidavit, which had already been on record, but due to oversight the same could not be exhibited before the trial Court. It is submitted that for a just decision of the case, it is very much essential to exhibit these documents. But, the learned revisional court failed to consider this aspect of the matter and by the impugned order, allowed the revision of the respondent No.2 and set aside the order passed by the trial court. The impugned order of the revisional court being per se illegal deserves to be quashed and set aside.

Learned counsel for the respondent No.2 has opposed the prayer made by the counsel for the petitioner and submitted that the order of revisional court is just and proper and therefore, the same does not warrant any interference from this Court.

Heard learned counsel for the parties and perused the impugned order dated 04.11.2023 as well as the order dated 19.09.2019 passed by the trial court and perused the material available on record.

It is not in dispute that the petitioner/complainant filed documents along with his affidavit, that were already on record, but not exhibited earlier due to oversight. The learned trial court allowed the application of the petitioner under Section 311 Cr.P.C., but the learned revisional court in a mechanical manner set aside the order of the trial court. This Court is of the view that for just decision of the case, these documents are very much essential and therefore, they should be duly exhibited.

Hence, the impugned order passed by the revisional court suffers from infirmity and perversity and the same deserves to be quashed and set aside.

Accordingly, the revision petition is allowed. The impugned order dated 04.11.2023 passed by Additional Session Judge No.2, Hanumangarh is hereby quashed and set aside. The order dated 19.09.2019 passed by Additional Chief Judicial Magistrate, Hanumangarh allowing the application under Section 311 Cr.P.C. filed by the petitioner, is hereby revived. The trial court is directed to exhibit the documents which were filed by the petitioner along with his affidavit and conclude the trial as early as possible.

Stay application is also decided.