Kishan Lal Gurjar vs Gurjar Agro (2025:Rj-Jd:11705)
2025 Latest Caselaw 8110 Raj

Rajasthan High Court - Jodhpur

Kishan Lal Gurjar vs Gurjar Agro (2025:Rj-Jd:11705) on 3 March, 2025

Author: Farjand Ali

Bench: Farjand Ali

 [2025:RJ-JD:11705]

          HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
                     S.B. Criminal Misc(Pet.) No. 719/2025

     Kishan Lal Gurjar S/o Ram Lal Gurjar, Aged About 40 Years, R/o
     Biliya   Kala    Gram   Panchayat         Kherabad          Tehsil   And    Thana
     Hamirgarh Dist. Bhilwara
                                                                          ----Petitioner
                                         Versus
     Gurjar Agro, Veer Savar Kar Chok Ke Pass Bhopalganj Bhilwara
     Through Proprieter Mahendra Patil S/o Ram Chandra Patil R/o
     Veer Savar Kar Chock Ke Pass, Bhilwara
                                                                      ----Respondent


 For Petitioner(s)            :     Mr. Jitendra Ojha
 For Respondent(s)            :     --



                     HON'BLE MR. JUSTICE FARJAND ALI

Order

03/03/2025

1. The instant misc. petition has made challenge to the order

dated 09.10.2024 passed by the learned Judicial Magistrate

as well as the order dated 06.01.2025 passed by the Court

of Revision.

2. Heard learned counsel for the parties.

3. The petitioner happens to be an accused in a prosecution

under Negotiable Instrument Act. During the course of

recording of statement of the complainant, he tendered a

document purporting to be a bill (VAT Invoice) dated

18.08.2016. The complainant intended to tender the same in

evidence for which the petitioner made a protest. The

learned trial Court permitted tendering and marking the

document Ex.6 in the trial.

[2025:RJ-JD:11705] (2 of 2) [CRLMP-719/2025]

4. I am of the view that simply tendering a document in

evidence during recording of statement and marking exhibit

on it does not ipso facto makes the document admissible in

evidence or that the contents of the document are proved.

5. In view of the above, the instant misc. petition is disposed of

with the direction that the petitioner would be at liberty to

argue at the time of final hearing of the trial, however, the

genesis, genuineness and admissibility of the document shall

remain questionable and upon raising the same, the learned

trial Court is expected to consider and to adjudicate, the

same in the final judgment.

6. Stay petition also stands disposed of.

(FARJAND ALI),J 27-Samvedana/-

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