- (1.) This revision is directed against the order D/- 23-1-96 passed by the learned Chief Judicial Magistrate, Jalore whereby he framed charges under Ss. 420, 467, 468 and 471, I. P. C. against petitioner Amritlal.
(2.) Mr. Kumbhat contended that the basis of the charge is the carbon copy of the cover note D/- 14-2-92 and as the carbon copy is not primary evidence, charges could not be framed. Pointing out that the prosecution has not obtained permission to lead secondary evidence, he submitted, this document could not be used for framing charges. He placed reliance on the following cases :- (i) State of Rajasthan v. Jeet Mal, 1986 (2) All India Cr LR 469 (ii) Jai Prakash v. State, 1998 (2) RCC 223 (iii) Roshan Lal v. State of Rajasthan, 1997 (1) RLW 465 : 1997 AIHC 2594 (Raj) (iv) Bhera Ram v. State of Rajasthan, 1995 (2) RCD 169 (v) Hari Singh v. State of Rajasthan, D. B. C. Appeal No. 81/91 decided on 4-9-96 (vi) Smt. Mohini Bai v. Kisbanchand, 1975 WLN (UC) 98 (vii) Rajeshwari Singh v. State of U. P., 1987 AAC 223 (viii) Gobinda Prasad v. State, AIR 1962 Cal 174 : 1962 (1) Cri LJ 316.
(3.) On the other hand Mr. Upadhyaya, learned Public Prosecutor supported the order.;