RAMESH KUMAR Vs. SARITA SARAWAGI

JUDGEMENT

(1.) These two Revisions are preferred against the common order dtd. 12/10/2021 passed by the 2nd Additional Sessions Judge, Durg, District Durg whereby the application filed under Sec. 391 Cr.P.C in respective pending Criminal Appeals No.57/2021 and 56/2021 arising out of judgment of conviction and order of sentence dtd. 25/1/2021 passed by the JMFC, Durg, District Durg in respective Complaint Case Nos.7326/2015 and 7325/2015 under Sec. 138 of the Negotiable Instruments Act has been dismissed.

(2.) Shri Sahu, learned Counsel for the Applicant submits that the impugned order is bad in law, perverse as during the pendency of the trial before the JMFC, the Applicant has cited the evidence of the Income Tax Officer, Bhilai as witness No.2 and the Court below has also directed to examine the said witness, who was called through bailable warrant as the case of the complainant was based on the income tax documents and in her deposition, she has stated that she is not an income tax payee whereas she has filed a balance sheet which was not audited by any competent Chartered Accountant. He further submits that without affording a proper opportunity to the defence, the matter was closed and the judgment of conviction was passed. He further submits that considering the aforesaid facts, the appellate Court ought to have allowed the application under Sec. 391 Cr.P.C in the interest of justice and prays to set aside the impugned order, thereby allowing the Revisions.

(3.) On the other hand, Ms. Singhivi, learned Counsel for the Non-Applicant supported the order impugned and submits that the order passed by the Court below in dealing with the scope of Sec. 391 Cr.P.C is well merited and does not call for any interference.