A GOPALAKRISHNAN Vs. R SELVARAJ

JUDGEMENT

(1.) THE arguments advanced by Mr.K.V.Shanmuganathan, learned counsel for the petitioner were heard. THE documents filed along with the petition were also perused.

(2.) THE petitioner was prosecuted as an accused in C.C.No.534/2004 on the file of the learned Judicial Magistrate No.VI, Coimbatore for an alleged offence punishable under Section 138 of the Negotiable Instruments Act, 1881. THE case was instituted on a private complaint preferred by the deceased first respondent R.Selvaraj. During the pendency of the case, the first respondent passed away and his wife, namely the second respondent herein got impleaded and pursued the case. THE trial ended in a judgment holding the petitioner herein guilty of the offence alleged and conviction of the petitioner for the said offence with rigorous imprisonment for one year and an order directing payment of an amount equal to the cheque amount as compensation to the respondents.

(3.) THE learned counsel for the petitioner mainly relies on the contention that while considering the question of granting leave to the appellant to adduce additional evidence in the appellate stage, the learned First Additional District and Sessions Judge, chose to consider the genuineness and reliability of the document sought to be introduced as additional evidence, which ought not to have been done and that hence the impugned order of the appellate court is liable to be interfered with and set aside by this court in exercise of its revisional power.