Paramount Earth Movers through Prop. Mr. Natubhai Kotecha and Anr. Vs Mr. Eknath Tari

The above Writ Petition filed under Article 227 of the Constitution of India is directed against the order dated 15/04/2013 passed by the learned Judicial Magistrate, First Class, 'C' Court, Panaji, by which order, the application filed by the complainant for production of two documents being the letter dated 28/12/2004 and the letter dated 25/04/2005 came to be allowed by the Trial Court. Insofar as the first letter i.e. the letter dated 28/12/2004 is concerned, the same is addressed by the accused to one Mr. Ganpat Jain directing him to make payment to the complainant in respect of the liability of the accused. Insofar as the second letter i.e. the letter dated 25/04/2005 is concerned, the complainant wants to produce the same to buttress his case that the accused had received the demand notice. The Trial Court, considering the said documents, held that the same are relevant and, therefore, the complainant should be given

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a chance to produce the same. In my view, there is no illegality committed by the Trial Court or the Trial Court has not exceeded its jurisdiction in allowing the production of the said documents. The petitioners / accused would undoubtedly be entitled to cross-examine the complainant in respect of the said two documents, as observed by the Trial Court.

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In that view of the matter, no case for interdiction is made out. The Writ Petition is, accordingly, dismissed.

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R. M. SAVANT, J.

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SMA

Paramount Earth Movers through Prop. Mr. Natubhai Kotecha and Anr. v. Mr. Eknath Tari

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Paramount Earth Movers through Prop. Mr. Natubhai Kotecha and Anr. v. Mr. Eknath Tari

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