Criminal Misc. No. 180-MA of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. 180-MA of 2008 Date of Decision: 9.3.2011 M/s Mahindra Hire Purchase …Applicant/Appellant Versus Jatinder Singh …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Vijay Lath, Advocate for the applicant/appellant. Kanwaljit Singh Ahluwalia, J. (Oral) The present application has been filed under Section 378(4) Cr.P.C. praying for grant of leave to appeal against the judgment dated 13.12.2008, passed by the Chief Judicial Magistrate, Jalandhar. It is not disputed that after the accused has caused appearance, the complainant has failed to prove sending of the statutory legal notice to him. Learned counsel for the applicant/appellant has submitted that before summoning of the accused, in pre summoning evidence, the documents were placed on record to show service of the notice upon accused. However, lateron those documents were not found on the file. Since the complainant was remiss in his duty to prove sending of the notice by bringing on record the documents wherefrom it could be inferred that notice indeed was sent, no fault can be found with the judgment of the trial Court. Criminal Misc. No. 180-MA of 2008 2 For not proving postal receipt Ex.C9 and Under Postal Certificate Ex.C10, which were tendered in preliminary evidence, benefit of doubt has to flow to the accused. Learned counsel for the applicant has further submitted that he be permitted to file an application to bring on record postal receipt Ex.C9 and Under Postal Certificate Ex.C10, which were not in the file of the Court to show that the notice was sent to the accused. Lacuna cannot be filled up during the course of trial. This Court will be hesitant to permit the applicant to fill up the lacuna in an application for leave to appeal against acquittal of the accused. Furthermore, evidence in the form of documents was not put to the accused under Section 313 Cr.P.C. Hence, no fault can be found with the appreciation of evidence by the trial Court and no interference is warranted in the present application and the same is dismissed. (Kanwaljit Singh Ahluwalia) Judge March 9, 2011 “DK”