IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.6004 OF 2012 BETWEEN:
Sri.Eswarappa, S/o. Muthyalappa, Aged about 45 years, Residing at Tobacco Colony, Gowribidanur. …Petitioner (By Sri. M.Subramani, Advocate) AND:
H.Sreenivasa Reddy, S/o.H.P.Lal Reddy, Aged about 51 years, Residing at Vinayakanagara, Gowribidanur-561208. ...Respondent (Respondent served and unrepresented) This Criminal Petition is filed under Section 482 of Cr.P.C praying to quash the order dated 21.09.2012 on the file of the Additional C.J. (Jr.Dn.) & JMFC, Gowribidanur.
This Criminal Petition coming on for Hearing, this day, the Court made the following:
ORDER Heard the learned counsel for the petitioner.
2. Petitioner is aggrieved by the order passed by the trial Court refusing to receive in evidence the Xerox copy of the receipt confronted by the petitioner to the complainant (PW-1).
3. Learned counsel submits that the complainant/PW-1 has admitted the signature found thereon and therefore, the trial Court ought to have received the said document in evidence or in the alternative should have marked the said document for identification purpose. He contends that the course adopted by the trial Court is opposed to the provisions of Indian Evidence Act and it has caused grave injustice to the petitioner.
4. However, after advancing his arguments for some time, having regard to the fact that the said document is a Xerox copy, learned counsel seeks leave of the Court to urge these contentions before the trial Court at the time of hearing or by availing an opportunity to lead his further evidence in support of the said document.
Reserving liberty as sought for by the petitioner, the petition is dismissed.
Sd/- JUDGE dn/-