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2018 DIGILAW 443 (HP)

Kali Ram Panatu v. Bal Krishan Rawat

2018-03-23

SANJAY KAROL

body2018
JUDGMENT Sanjay Karol, A.C.J —Present petition, under the provisions of Section 482 of the Code of Criminal Procedure, stands filed by petitioner Kali Ram Panatu, against the order dated 16.2.2018, passed by Judicial Magistrate 1st Class, Jubbal, District Shimla, Himachal Pradesh, in Complaint No.9-3 of 2016, titled as Bal Krishan v. Kali Ram, whereby application filed by respondent Bal Krishan Rawat for tendering on record copy of ledger, which contains entries, acknowledging receipt of different amounts by the petitioner, stands allowed. 2. Complainant-Respondent Bal Krishan Rawat (hereinafter referred to as the complainant) filed a Criminal Complaint against accused-petitioner Kali Ram Panatu (hereinafter referred as the accused) , under the provisions of Negotiable Instruments Act, 1881. Allegedly, cheques amounting to Rs. 10, 00, 000/-, Rs. 4,00, 000/- & Rs. 1,00, 000/-, issued by the accused, stood bounced. 3. During trial, prior to the completion of complainant''s evidence, complainant filed an application, seeking permission to produce and prove copy of the ledger, so maintained by him. It is this application which stands allowed by the Court below, vide impugned order dated 16.2.2018. 4. Having heard learned counsel for the petitioner, this Court finds no ground to interfere with the impugned order. 5. Steps for production of the document stand taken at the initial stage itself. The document, as per trial Court, is necessary and desirable for the purpose of trial. Complainant alleges that the accused (respondent herein) , as acknowledgment of the debt, has thumb marked the ledger. Entries in the ledger pertained to the amount for which the instant cheques stand issued. No prejudice is stated to have been caused to the accused, who, in any case, would be having ample opportunity to not only impeach the credit of the evidence of the witness, but also lead his evidence in rebuttal. 6. Hence, the impugned order cannot be said to be unreasonable, illegal or perverse, warranting interference by this Court. 7. For all the aforesaid reasons, present petition, devoid of merit, is dismissed. Pending application(s) , if any, also stand disposed of. 8. Any observation made hereinabove shall have no bearing whatsoever on the merits of the main case. Parties, through their learned counsel, are directed to appear before the Court below on 17.4.2018. Copy dasti.