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2019 (6) TMI 172 - HC - Indian LawsDishonor of Cheque - admissibility of evidence - Section 65B of the Indian Evidence Act - HELD THAT:- Legal position on the point is thus well settled that is if the document is otherwise inadmissible for want of a certificate or any other requirement of law, it being exhibited in the course of trial does not make the document admissible in law and though an objection as to the mode of proof can be waived off and should be taken at the first instance, however the objection as to the admissibility of a document which goes to the root of the matter can be taken at any stage. Considering the facts noted particularly because the petitioner has not been able to prove the legal liability findings of the learned Metropolitan Magistrate cannot be said to be perverse warranting interference of this Court. Leave to appeal petition is dismissed.
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