G.M. KUMAR Vs. KISHAN HEGDE

JUDGEMENT

(1.) This matter is listed for admission and I have heard the learned counsel for the petitioner.

(2.) In this revision petition, the petitioner has prayed this Court to set aside the order passed by the First Appellate Court rejecting the application filed under Sec. 391(2) read with Sec. 207(V) of Cr.P.C. The prayer made in the said application is with regard to direct the respondent-complainant to produce mobile handset with its SIM card, memory card/ chip through which Ex.P1-CD is allegedly retrieved.

(3.) It is contended that the alleged defamatory statement was said to be telecasted on 29/3/2017 and 30/3/2017. But, on 30/3/2017 happened to be on Ugadi Festival. The Anchors of the TV channels used to wear traditional or ethnic dresses on the said date. But in the CD produced by the respondent, the Anchor is found wearing a suit and tie. Further, the respondent in the Certificate under Sec. 65B of the Evidence Act appended to the print out of Ex.P1, contended that the data was stored in his mobile phone having No.9845239894 i.e., Apple-7 model. But the mobile phone is not produced with its SIM card and memory chip to show that the alleged video clipping was telecasted on 29/3/2017 and 30/3/2017. Further, the respondent in his cross-examination has admitted that the said mobile phone is in the possession of his daughter at present staying in Canada. Hence, there is no difficulty for the respondent to procure the same and produce before the Court. It is further contended that the appeal proceedings being continuation of the Trial Court, the Appellate Court can record additional evidence by calling the parties before the Court, summon additional documents and dispose of the appeal based on the additional evidence. This is also supported by many of the judgments of the Hon'ble' High Court of Karnataka and the Hon'ble Supreme Court of India. Hence, prays to allow the application.