Interim Order 9

Order Details: COPY OF ORDER
Pdf Text: CA 15/2022 to 33/2022
MAHAVIR PRASAD MISHRA Vs. STATEAND ANR.
24.07.2023
Present: None for the appellant.
Sh. Manoj Kumar Garg, Ld. Addl. PP for the State/R-1.
Sh. Aaditya Vijay Kumar & Sh. Akshit Mohan, Ld.
Counsels for R-2.
While hearing arguments in Crl. Appeal No.15/2022
arising out of Complaint No. 8299/2019, it is noticed that in the
cross-examination, while documents were being exhibited, the Ld.
Trial Court Judge has noted that some of the documents were on
record of some other complaint cases and not on record of the
present case. When the document was being exhibited in this case, at
least a copy could have been kept on the trial court record, exhibiting
the same, so that the file was complete in itself. Now, the said
document is not part of the TCR before me and I will have to look at
some other TCR to know the contents of the said document exhibited
in evidence in this case.
The practice is not only strange but it is also contrary to
established rules for recording of evidence and maintenance of TCR.
The Court of Ld. Magistrate is not a court of record. The Ld.
Magistrate is therefore advised to ensure that whenever evidence is
recorded in related criminal complaints under Section 138 of NI Act,
it is not sufficient to write in the evidence that the document being
exhibited was present in some other file but a copy thereof must
therefore be immediately made, exhibited and retained in the
concerned case record also.
(Contd/-......2)
-- 1 of 2 --
-2-
This would ensure that the TCR is complete in all
respect and the Appellate Court does not have to look at multiple
records of different complaint cases to decide an appeal. It is because
of this reason that even though one TCR is available with me, the
appeal cannot be disposed off.
It is because of the manner in which evidence has been
recorded in the present case that the hearing of the appeal has
become a complicated process.
Copy of this order be sent to the Ld. Magistrate
concerned as well so that correct practice is adopted by him in
future.
Let a report be also called as to why the remaining
TCRs have not been placed before the Appellate Court by the
Ahlmad of the trial court concerned.
List on 27.07.2023 at 02:00 PM.
(Harjyot Singh Bhalla)
ASJ-04/NDD/PHC/ND
24.07.2023
-- 2 of 2 --