Law of Evidence
Scope of—Any litigant who comes to the court with a grievance and every litigant who defends a case against him have necessarily to produce evidence in support of their case—Law of evidence governs the recording of evidence so that the inquiry is not rendered a meandering exercise, but is focused towards a fair decision of the lis.
[Para 10]
Evidence Act, 1872
Section 139—Cross-examination—Order of MM disallowing two questions—Challenged—Complaint filed under Section 138 of the Negotiable Instruments Act—The very case of petitioner that it was respondent who had borrowed from him and the cheque in question has been issued by her towards repayment—Whatever be the defence taken by the respondent, the petitioner would have to prove his case—Respondent too would have to prove that she had no liability when she had issued the cheque—Whether the respondent or the wife of son of respondent had taken a friendly loan from any other persons is absolutely irrelevant as an answer either way would not help in arriving at a decision in the case at hand—Pendency of another case has no connection with complaint case that the petitioner has filed, merely because lady is the wife of son of respondent—Pendency of another case would hardly be relevant to the fact in issue before the trial court, which is whether the offence under Section 138 of the NI Act has been committed by respondent—No perversity found in order of MM disallowing two questions—Neither has it resulted in any miscarriage of justice—Petition dismissed along with the pending application.
[Para 18]
Decision : Petition dismissed