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2021 (6) TMI 866 - TELANGANA HIGH COURTDishonor of Cheque - legally enforceable debt or not - admissible evidence or not - primary or secondary evidence - section 138 of the Negotiable Instruments Act, 1881 - HELD THAT:- There is no dispute that respondent No.2 filed a complaint under Section - 200 of the Code for the offence under Section - 138 of the Act, 1881 against the petitioners herein and others and it is also not in dispute that respondent No.2 herein has filed original documents as mentioned in the list of documents appended to the complaint. In the Photostat copy of the certified copy of the said complaint, it is specifically mentioned that the original documents filed in the Court along with complaint returned to respondent No.2 herein on 19.06.2012. In view of the law laid down by the Division Bench in KRISHNAPATNAM PORT COMPANY LTD. VERSUS CARGILL INDIA PVT. LTD. AND ORS. [2018 (7) TMI 2188 - TELANGANA HIGH COURT], respondent No.2 has filed original documents along with the complaint and the same were returned to it after verification of the same upon obtaining an undertaking from respondent No.2 to the effect that it would produce the same at the time of trial. On verification of the same only, the learned Magistrate has taken the cognizance of the offence under Section - 138 of the Act, 1881 vide C.C. No. 5 of 2019. The learned Magistrate then issued summons to the petitioners herein and other accused. There is an endorsement to the said effect in the complaint itself. Respondent No.2 has filed an application under Section 65 (c) of the Act, 1872 which was signed by its GPA Holder, specifically contending the aforesaid facts. Just because respondent No.2 has not lodged any complaint with the police concerned about lost of original documents, the said application cannot be thrown away. There is no reason as to why the petition filed by respondent No.2 signed by its GPA holder and Authorized Signatory stating that the originals were misplaced cannot be believed. According to this Court, respondent No.2 has laid down a factual foundation by filing an application under Section 65 (c) of the Act, 1872 - the learned Magistrate has rightly allowed the application filed by respondent No.2 under Section 65 (c) of the Act, 1872. Petition dismissed.
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