Authority: Calcutta High Court, Criminal Revisional Jurisdiction
Order Date: 18 August 2026
Case Overview
- Petition: Martin and Harris Pvt. Ltd. (petitioner) vs Sanatan Saha (opposite party) under C.R.R. No. 1892 of 2024.
- Original complaint: C. Case No. 195 of 1998 filed before the Learned Additional Chief Judicial Magistrate, Sealdah, alleging cheque fraud where the opposite party issued cheques of Rs. 2,54,514 and Rs. 2,00,000 and later stopped payment.
- Trial: Four witnesses examined; accused examined under Section 313 on 19 September 2019, denying any transaction.
- Petitioner later sought to introduce invoices and lorry receipts as essential evidence via an application under Section 311 Cr.P.C. filed on 5 January 2024; the trial court rejected the application on 10 April 2024.
- The petitioner argued the documents were inadvertently omitted and essential for truth; the opposite party contended the application was frivolous and intended to fill a lacuna after a 25‑year pendency.
Final Outcome
- The High Court held the trial court’s rejection was justified, noting the petitioner's delay and attempt to fill a lacuna.
- C.R.R. No. 1892 of 2024 is dismissed; any connected applications are disposed of.
- Interim orders, if any, are vacated.
- The judgment is to be forwarded to the learned trial court for appropriate action, and parties may obtain certified copies upon compliance with legal formalities.
Topics: Court Proceedings, Evidence Admission, Cheque Fraud