Manoj Bhardwaj S/O Late Shri vs Bharadwaj, Vs. Bhupendra Nagar ...
2022 Latest Caselaw 7080 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 5195/2022

Manoj Bhardwaj S/o Late Shri Vs Bharadwaj, Aged About 46
Years, R/o House No. 394, Shashatri Nagar Dada Badi Kota,
District Kota (Raj).
                                                                     ----Petitioner
                                      Versus
Bhupendra Nagar S/o Shri Gir Raj Nagar, Aged About 45 Years,
R/o House No. 442, Purani Sabji Mandi Kota, District Kota,
Rajasthan.
                                                                   ----Respondent

For Petitioner(s) : Mr. Arvind Kumar Bhardwaj For Respondent(s) : Mr. Pawan Kumar Verma

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

07/11/2022

In a criminal prosecution under Section 138 of Negotiable

Instruments Act, learned trial judge declined the prayer of the

petitioner to bring on record the call recording and call details as

the electronic evidence was not prepared in consonance with

requirement of Section 65B of The Indian Evidence Act.

Impugned order dated 06.04.2022 passed by Special Judicial

Magistrate (N.I. Act Cases) Court No. 3 Kota in criminal case/CIS

No. 15532/2014 is under challenge in this petition, filed under

Section 482 Cr.P.C.

Heard the parties.

Learned counsel for the petitioner failed to substantiate that

secondary evidence of the electronic evidence was prepared in the

(2 of 2) [CRLMP-5195/2022]

mode and under the authority consistent with the requirement of

Section 65B of The Evidence Act.

Learned State counsel has relied upon the judgment of

Hon'ble Supreme Court passed in Anvar P.V Vs. P.K. Basheer and

Ors. in Civil Appeal No. 4226/2012 decided on 18.09.2014

wherein Hon'ble Supreme Court said that electric record by way of

secondary evidence shall not be admitted in evidence unless

requirement under Section 65B is satisfied.

After due consideration this court does not find any infirmity

with the order of trial court, accordingly instant petition stands

dismissed as devoid of any merit.

All pending applications, if any, also stands disposed off.

(BIRENDRA KUMAR),J

ashu /74

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