Negotiable Instruments Act, 1881–Sec. 138–Bharatiya Nagarik Suraksha Sanhita, 2023–Sec. 94–Petitioner-accused sought to summon the original judicial record of the criminal case–Rejection of the application with observation that the record has already been summoned by the Commercial Court in pursuance of the order of the High Court–Justification–The entire case depends upon the cheque which has been found interpolated in the criminal proceedings–The accused has a right to call the record for effectively confronting the witness and to put up his defence–Once the original record is available and the matter pertains to interpolation in the cheque and counter-foil, certainly, the original cheque has to be put across the complainant in the cross-examination and the same purpose cannot be solved by submitting photocopy or the certified copy–Further, just because the record has been sent for another trial, the petitioner cannot be left to suffer–Impugned order set aside with certain directions.
