ALKA PUNJ Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal miscellaneous application under Section 482 Cr.P.C. has been filed for quashing the order dated 27.10.2018 passed by 6th Additional District Judge, Dehradun in Criminal Appeal No. 160 of 2016, whereby the application moved by applicant under Section 391 read with Section 311 of Cr.P.C. for taking additional evidence on record has been rejected.

(2.) It transpires that a complaint under Section 138 of Negotiable Instruments Act was filed by respondent No. 2 alleging that the cheque issued by applicant amounting to Rs. 6.00 lac was dishonoured by the Bank. After the trial, Judicial Magistrate IInd, Dehradun convicted the appellant under Section 138 of Negotiable Instruments Act and imposed rigorous imprisonment for a period of one year and directed her to pay compensation to the tune of Rs. 7,20,000/- out of which Rs. 10,000/- was to go to the State Government as fine. Feeling aggrieved by the said judgment and order passed by learned trial court, applicant filed Criminal Appeal No. 160 of 2016. Before the appellate court, she filed an application under Section 391 read with Section 311 of Cr.P.C. with a prayer that she may be allowed to file report of the handwriting expert, which may be taken on record as additional evidence and the handwriting expert may be examined or in the alternative, an independent handwriting expert may be appointed to examine the deposit slip along with return memo issued by the Bank.

(3.) Respondent No. 2 filed objection to the application made by the applicant contending that the application has been moved to delay the proceedings; the additional evidence sought to be filed is not relevant and no reason has been shown why the proposed document was not filed before learned trial court and the additional evidence sought to be filed is against the evidence filed by the applicant before the trial court.