2021 (3) TMI 888

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..... ase is that the petitioner is an accused in the proceedings before the trail Court for the offence punishable under Section 138 of the Negotiable Instruments Act. The petitioner herein filed three applications (i) under Section 45 of the Indian Evidence Act to send the documents for the opinion of the handwriting expert; (ii) under Section 65B of the Indian Evidence Act to produce certain electronic documents and (iii) under Section 311 of Cr.P.C. recalling DW.1. The Trial Court vide order dated 15.02.2019 considering the material available on record rejected all the applications on the ground that the accused in the present case is producing the original e-mail print out regarding Flight ticket booking, online tickets, online food order bi .....

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..... r to prove the said defence, he has to produce all these documents. It is also contended that the complainant in the complaint itself has specifically stated that on particular day, he had issued the cheque and when he has not been in town and he was in Delhi, the question of issuance of the cheque does not arise. In order to prove the said fact, he wanted to rely upon those documents. No doubt, the certificate is not produced along with the documents.   4. The Apex Court in the case of STATE BY KARNATAKA LOKAYUKTA, POLICE STATION, BENGALURU V. M.R.HIREMATH reported in (2019) 7 SCC 515 held that at the time of marking the document, the certificate is necessary. It is further held that while filing the charge sheet, the certificate is .....

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..... following:-   ORDER (i) The Writ Petition is hereby allowed.   (ii) The order passed by the learned Magistrate vide Annexure-E rejecting the application filed under Section 65B of the Indian Evidence Act and also the application filed under Section 311 of Cr.P.C., is partly allowed by quashing the same.   (iii) The petitioner is permitted to produce the documents along with certificate as contemplated under Section 65B of Indian Evidence Act and the learned Magistrate is directed to give an opportunity to DW.1 to adduce further evidence as sought for. (iv) The order passed by the learned Magistrate rejecting the application filed under Section 45 of the Indian Evidence Act is hereby confirmed.
Case laws, Decisions, .....

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