RAJ KUMAR SETHI Vs. BUDHI PRAKASH

JUDGEMENT

(1.) THE revisionist, by means of present Criminal Revision, seeks to set aside the order dated 29.03.2014, passed by Additional Sessions Judge 2nd, Rishikesh, District Dehradun in Criminal Appeal no. 138/2012, Raj Kumar Sethi vs. State of Uttarakhand & another and seeks to allow the application '21 Ka' moved by the revisionist under Section 391 Cr.P.C. in said criminal appeal.

(2.) A criminal complaint case under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) was instituted by the complainant (respondent no. 1 herein) against the accused (revisionist herein). The accused faced the trial. He was convicted of the offence punishable under Section 138 of the Act and was sentenced appropriately. Aggrieved against the same, a criminal appeal was preferred by him, which criminal appeal is pending before the learned Additional Sessions Judge 2nd, Rishikesh, District Dehradun. During the course of appeal, an application under Section 391 Cr.P.C. was filed on behalf of the accused -appellant. By filing an application (paper no. 21 Ka), a request was made by the accused -appellant that since he has obtained a certificate from the State Bank of India, therefore, he wants to file such documentary evidence as additional evidence in the lower court of appeal.

(3.) IT will be worthwhile to reproduce Section 391 Cr.P.C. herein below for convenience: -