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Showing contexts for: document lost in Gaurav Garg vs Punit Goyal on 26 November, 2024Matching Fragments
10. Accused was examined without oath u/s 313 Cr.P.C on 26.04.2023 and all the incriminating evidence was put to him. He denied issuing the cheques in question. The accused denied receiving the legal notice. He stated that he never issued the cheques in question to complainant and ever took any loan from complainant. The accused wanted to lead defence evidence. Thereafter, the matter was listed for DE on 24.08.2023.
11. Accused sought to bring on record the lost document report filed by him for the loss of the cheques in question. Summons were issued accordingly to the concerned officials. The lost document report was filed on record by PS Crime Branch as Ex. D1. Counsel for the accused stated that the DE may be closed hence DE was closed on 07.08.2024. Thereafter, the matter was listed for final arguments on 13.09.2024.
13. The counsel further argued that the accused's defense regarding the alleged loss of cheques is fabricated and baseless. It was submitted that the accused strategically filed an NCR dated 28.02.2019 to create a false defense and deprive the complainant of his legitimate dues. The NCR was not followed up with any SIDDHANT KUMAR KUMAR 2024.11.26 CT Case No. 23752 of 2019 04:57:40 +0530 substantive action, which indicates its lack of credibility. Moreover, the accused's admission of signing the cheques undermines his claim of lost documents, as the cheques were issued voluntarily to discharge the debt.