NARENDRA KUMAR Vs. SUDHIR TYAGI

JUDGEMENT

(1.) By means of present criminal revision, the revisionist seeks to quash / set aside the impugned order dated 01.06.2016, passed by learned Addl. Sessions Judge III, Haridwar, in criminal appeal no. 47 of 2013, Narendra Kumar vs Sudhir Tyagi and another, under Section 138 of the Negotiable Instruments Act, as also the order dated 09.04.2013, passed in complaint case no. 5617 of 2011, passed by learned Addl. Chief Judicial Magistrate, Roorkee, convicting the revisionist under Section 138 of the Negotiable Instruments Act.

(2.) The appellant before the court below was convicted under Section 138 of the Negotiable Instruments Act. A criminal appeal was filed against his conviction and sentence before the lower appellate court. The criminal appeal is pending for the last three years. One fine morning, the appellant moved an application for adducing defence evidence before the lower appellate court, which application was dismissed by said court and, hence, present criminal revision.

(3.) A bare perusal of the order-sheet would indicate that on 25.08.2012 statement of the accused under Section 313 Cr.P.C. was recorded and 09.01.2013 was fixed for adducing defence evidence by the trial court. On 09.01.2013, the accused stated before the trial court that he does not wish to adduce any evidence in defence and thereafter on 30.03.2013, after hearing the arguments of both the sides, judgment was passed by the court below. Feeling aggrieved against his conviction and sentence, the convict preferred a criminal appeal on 16.04.2013, and during the pendency of criminal appeal an application was moved by the convict-appellant requesting therein that he wishes to adduce defence evidence, which was rightly dismissed by the lower appellate court.