In a Criminal matter in which the Accused is charged under section of forgery & cheating for cheating & forgery of selling share of the complaint's properties, the Complainant was relying on a document/ affidavit filed by the accused in a different Civil Suit which was also filed by the accused himself against the Municipal authorities for assessment of property Tax. The accused has on a sworn affidavit in the said Civil Suit stated that he has sold 13 of the 16 shops of the property in Padam market, (the disputed property) of which he was the owner. The complainant in an above mentioned Criminal matter during the Examination in Chief brought this document/affidavit of the accused persons on record to be Exhibited as an Evidence and declaration by the Accused himself that he has sold these properties which the accused was denying in the Criminal matter. The Magistrate didn't allow the said document to be Exhibited stating that the complainant was not party to the Civil matter and hence cannot be taken in this Criminal matter as an Evidence and therefore cannot be Exhibited though the APP argued that it should be Exhibited under the Evidence Act since it is a Certified Court document. The document is very important declaration by the Accused. My question is that has the Magistrate got the powers to deny it and if no what should i do to bring it on record as an Exhibit and proof during Examination in Chief
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