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Head Note

The Code of Criminal Procedure, 1973  - Section 397 , Indian Penal Code,1860  - Section 417 , Section 420 , Section 465 , Section 467 , Section 468 , Section 471 , Section 120-B

S L P against High Court order in Criminal Revision whereby High Court set aside order passed by Additional Sessions Judge - Restored order passed by A C M M of taking cognizance and summoning petitioners - Respondent No.1 filed Criminal Complaint before A C M M u/S 417, 420, 465, 467, 468, 471 r/w Section 120B IPC - Specific allegations - petitioners entered into a conspiracy - defraud him -A C M M took cognizance and directed issuance of process - Aggrieved accused filled Revision before ASJ challenging order taking cognizance - Revision petitions were allowed summoning order set aside - Order challenged by complainant before High Court - High Court came to conclusion - ASJ fallen in error on all three counts - Held - Sessions Judge not justified in entertaining a photocopy relied upon by accused at revisional stage - stage of proving document or admitting signature on that document not arisen - Original document not before Court - S L P to assail correctness of view taken by High Court - Supreme Court held - In revision photocopies of documents produced by accused could not be entertained - Result S L P dismissed.

Topic(s)-

Important Decision(s)- 

• Criminal revision against summoning order by accused is not the stage of proving document or admitting signature on that document.
• Criminal revision - In revision photocopies of documents produced by accused could not be entertained.