18.09.2024. However, from perusal of document Annexure P/4 which is the deposition of respondent accused DW-1, it transpires that in paragraph 2 of his deposition he has stated that in the month of August, 2016 his cheque book was missing for which he made a written complaint to police station on 28.08.2016. As per the petitioner, it is the starting point of knowledge that cheque book of respondent accused was missing and he made an application under RTI for disclosure of the information about making such complaint by the respondent to the police and in compliance thereof, the information has been disclosed on 16.09.2024 (Annexure P/3) that no such complaint has been made on 28.08.2016 to City Kotwali Police Station Mahasamund. After getting the information on 16.09.2024, on 18.09.2024 an application has been filed by the petitioner before the trial court along with the document and prayed for marking of the said document exhibited in favour of the complainant. The trial court has rejected the application of the petitioner on the ground that it has been filed at the fag end of trial, however, in the opinion of this court, the document sought to be exhibited in evidence by the petitioner came in existence only after recording the evidence of DW-1 on 06.07.2024 and thereafter when the information has been supplied to the petitioner, immediately thereafter he availed his remedy to file relevant application before the trial court, which cannot be said to be belated. Even otherwise, he only prays for exhibition of document in evidence and the respondent accused is having ample opportunity to cross examine the witnesses who would mark the said document exhibited.
