Case Note & Summary
The applicant, Shobhasingh Premsingh Sandhu, filed a criminal application in the High Court of Bombay at Aurangabad against the State of Maharashtra and Ajitsingh Babusingh Mail. The dispute arose in a complaint under Section 138 of the Negotiable Instruments Act, 1881, where the applicant was the original complainant and respondent no.2 was the original accused. During the trial, the applicant sought to mark a xerox copy of the cheque as an exhibit (Article 'A'), but the trial court refused. The applicant then filed this application challenging that refusal. The High Court heard the parties and considered the issue of whether a xerox copy of a cheque can be marked as an exhibit. The court noted that Section 146 of the NI Act creates a presumption that the cheque is drawn for consideration and that the holder is a holder in due course. The court held that the xerox copy is admissible as secondary evidence and that the trial court's refusal was erroneous. The court allowed the application, set aside the trial court's order, and directed the trial court to mark the xerox copy as an exhibit. The court also directed the trial court to proceed with the trial expeditiously.
Headnote
A) Negotiable Instruments Act - Dishonour of Cheque - Secondary Evidence - Section 146 Negotiable Instruments Act, 1881 - The court considered whether a xerox copy of a cheque can be marked as an exhibit in a complaint under Section 138 of the NI Act. The applicant/complainant sought to mark the xerox copy as Article 'A', but the trial court refused. The High Court held that Section 146 of the NI Act creates a presumption that the cheque is drawn for consideration and that the holder is a holder in due course, and the xerox copy is admissible as secondary evidence. The court allowed the application and directed the trial court to mark the xerox copy as an exhibit. (Paras 2-5)
Issue of Consideration
Whether a xerox copy of a cheque can be marked as an exhibit in a complaint under Section 138 of the Negotiable Instruments Act, 1881, when the original is not available?
Final Decision
The High Court allowed the application, set aside the trial court's order, and directed the trial court to mark the xerox copy of the cheque as an exhibit. The trial court was also directed to proceed with the trial expeditiously.
Law Points
- Secondary evidence
- Admissibility of xerox copy
- Section 146 Negotiable Instruments Act
- 1881
- Presumption of negotiable instrument
- Evidence Act
- 1872
