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TMI Blog2018 (8) TMI 1344X X X X Extracts X X X X X X X X Extracts X X X X ..... la Theengh, Ms. Tashi Doma Sherpa, Advocates for the Respondent. ORDER ORALLY Bhaskar Raj Pradhan, J 1. This is an application filed on behalf of the Respondent for taking further evidence under Section 391 of the Code of Criminal Procedure, 1973 (Cr.P.C.) The Respondent was the complainant before the Trial Court against the Revisionist in the present proceedings. The Trial Court having examine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present Revision Petition. 2. Section 138 of the N.I. Act, 1881 mandates the complainant to prove any debt or other liability as one of the ingredients. 3. The application under consideration seeks leave to lead further evidence with regard to certain documentary evidence filed therewith. A Special Power of Attorney purportedly signed by one Amar Singh Singhi on 28.02.1997 at Mangan, North Sikk ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of October, 1996 and closing on 31 march, 1997 which records the registration of the Power of Attorney granted by the said Amar Singh Singhi to the Revisionist. The next document sought to be relied upon by the Respondent is a notarised and attested copy of a vernacular document from the State of Rajasthan which purports to be a sale deed entered between the Respondent as well as the said Amar Si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... categorically averred that the Respondent was made to believe and advised that as far as the procedural aspect of cases under the N.I. Act, 1881 was concerned he only had to prove that the cheque in question was executed and issued by the accused on an account maintained by him with a banker for payment of any amount of money to the Respondent for the discharge in whole or in part or of any debt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elating to the documents filed by the Respondent in I.A. No.13/2018 in Criminal Revision Petition No.08/2015 giving opportunity to the Revisionist to rebut the same as per law. After recording such evidence the Learned Judicial Magistrate shall forward the records back to this Court. 7. This matter has been pending before this Court from the year 2015. In such circumstances the Learned Judicial M ..... X X X X Extracts X X X X X X X X Extracts X X X X
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