[2025:RJ-JP:25557] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3659/2025 Yogesh Kumar S/o Shri Ranveer Singh, Aged About 36 Years, R/o Gram Mainaki Police Station Tijara District Khairthal Tijara (Rajasthan) ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Yogesh Kumar S/o Shri Lalsingh, Aged About 35 Years, R/o Plot No. 41, Sukhdev Nagar, Near Chuggi Jaipur Road Alwar Rajasthan ----Respondents For Petitioner(s) : Mr. Anil Kumar Yadav, Mr. Ganesh Dutt Gautam, Mr. Vikram For Respondent(s) : Mr. S.R. Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 10/07/2025 1. The instant petition has been preferred by the petitioner under Section 528 of BNSS for quashing and setting aside the order dated 16.05.2025 passed by the learned Special Judicial Magistrate (NI Act cases), No.1, Alwar in case No.23/108/2021 titled for the offence under Section 138 of NI Act. It is contended by learned counsel for the petitioner that the petitioner 's application under Section 65-B of Indian Evidence Act was dismissed. It is also contended that the petitioner moved an application before the learned Trial Court for taking record the conversations took place between the petitioner and the complainant. The said application was dismissed by the learned [2025:RJ-JP:25557] (2 of 3) [CRLMP-3659/2025] Trial Court vide order dated 18.06.2024 on the grounds of absence of certificate under Section 65-B of Indian Evidence Act. The petitioner moved a revision petition against the order dated 18.06.2024, and the revision petition was also dismissed by the Revisional Court. Thereafter, the petitioner again filed an application on 16.05.2025 along with the certificate under Section 65-B of the Indian Evidence Act for taking into record the audio recording and its transcription. Learned Trial Court vide order dated 16.05.2025, dismissed the application on the grounds that the defect is not curable. 2. Learned counsel for the petitioner placed upon the judgment passed by the Hon'ble Apex Court in the matter of Anvar P.V. Vs. P.K. Basheer, (2014) 10 SCC 473 and Union of India & Ors v/s CDR Ravindra Vs Desai, 2018 (16) SCC 273, in which Hon'ble Apex Court held that non-production of certificate under Section 65-B on an earlier occasion is a curable defect. Thus, the order passed by the learned Trial Court is against the settled principle of law, therefore, the order dated 16.05.2025 may be quashed and set-aside. 3. Heard and perused the material available on record. 4. Hon'ble Apex Court in the matter of Anvar P.V. (supra) and Union of India (supra) clarified the legal position that non-production of a certificate under Section 65-B on an earlier occasion is a curable defect. Meaning thereby that if on an earlier occasion the certificate under Section 65-B of the Indian Evidence Act has not been produced then later on it can be produced. In the present case, the petitioner could not produced the certificate under Section 65-B, when the first application was moved, later [2025:RJ-JP:25557] (3 of 3) [CRLMP-3659/2025] on, the petitioner submitted an application along with certificate of Section 65-B of The Indian Evidence Act for taking on record the transcript of audio conversation took place between the petitioner and the complainant. In the light of the judgment passed in Anvar P.V. (supra) and Union of India (supra), this Court is of the view that the learned Trial Court has committed a mistake by rejecting the application of the petitioner. The order dated 16.05.2025 is hereby quashed and set aside. It is directed to learned Trial Court to take the audio recordings stored in a Pen Drive and its transcript on record. 5. Accordingly, the instant criminal misc. petition is disposed off. (PRAVEER BHATNAGAR),J Keshav/65