Court Overrules Trial Court to Ensure Fair Trial in Case Involving Alleged Forgery
In a significant judgment dated July 16, 2026, the Rajasthan High Court has set aside a trial court's order that denied the summoning of original judicial records in an ongoing trial under Section 138 of the Negotiable Instruments Act, 1881. The petitioner, Sushma Dayal, had filed the application seeking the original records for cross-examining the complainant in a case of alleged cheque forgery.
The dispute arises from a dishonoured cheque amounting to Rs. 70,46,032, which the complainant, Praveen Lodha, claimed was misused by the petitioner. The trial court had earlier dismissed the application for summoning original records, citing the ongoing proceedings at the Commercial Court and the sufficiency of certified copies for trial purposes. The petitioner challenged this decision, arguing that the original documents were essential to confront the complainant effectively.
Justice Baljinder Singh Sandhu, presiding over the matter, emphasized the importance of a fair trial, underscoring the accused's right to access original documents crucial for their defense. The Court observed that the denial of such access would prejudice the accused's defense and impair the trial's fairness. The judgment reiterated the principles laid down in previous Supreme Court rulings, particularly referencing the case of State of Orissa v. Debendra Nath Padhi, which underscores the necessity of original documents in trials involving allegations of forgery.
In its order, the High Court directed that the original records be made available for the ongoing trial under Section 138 of the Negotiable Instruments Act. The Court noted that both the criminal and commercial trials are proceeding concurrently, necessitating a balance to ensure neither is hampered. The Court's directions included a mechanism for sharing the original records between the two courts on specified dates to facilitate the trial proceedings without undue delay.
This judgment reflects the judiciary's commitment to ensuring that procedural technicalities do not override the substantive rights of the accused in criminal trials, particularly where allegations of forgery and document tampering are involved. The decision reinforces the principle that access to original evidence is a fundamental aspect of the right to a fair trial.
Bottom line:-
Right to a fair trial includes the right of the accused to access original documents/materials necessary for an effective defence and meaningful cross-examination of prosecution witnesses.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 94, Negotiable Instruments Act, 1881 Section 138, Code of Criminal Procedure, 1973 Section 91.
Sushma Dayal v. Praveen Lodha, (Rajasthan) : Law Finder Doc id # 2943848
