GOVIND CHAUHAN Vs. SRIRAM SONBOIR

JUDGEMENT

(1.) Since the common question of law arises in all the above revisions, therefore, they are decided simultaneously by this identical order.

(2.) These are the revisions under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short 'the Code'), whereby the application moved by the appellant / accused under Section 391 of the Code has been dismissed by the Second Additional Sessions Judge, Balod to take further evidence in the case.

(3.) The brief facts of the cases are that, the case under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') was filed by the respondent/complainant against the applicant/accused before the Judicial Magistrate First Class, Dallirajhara, District Balod. The fact is not in dispute that while the case was pending before the Judicial Magistrate First Class, after closure of the evidence of the complainant, the case was fixed for time to time of the applicant/accused and ultimately, since the applicant /accused could not produce the witnesses, his right to adduce evidence was closed on 04.12.2012. The said closure of right to evidence was challenged before the revisional Court i.e. Court of Additional Sessions Judge, Balod.