AEON EXPORTERS Vs. K.M.MOHANA SUNDARAM

JUDGEMENT

(1.) These petitioners are the appellants in Cr.A.No.138 of 2014. In appeal stage, the petitioners have filed Cr.M.P.No.2451 of 2014 under Section 391 of Cr.P.C., permitting the petitioners / accused to examine the additional witnesses and the said petition was dismissed. Challenging the same, the present Criminal Revision Petition is filed.

(2.) The case of the petitioners is that the petitioners are the accused in S.T.C.No.1792 of 2011 on the file of the learned Judicial Magistrate No.6, Trichirappalli for the offence under Section 138 of Negotiable Instruments Act (hereinafter referred to as 'the Act'). Before the Lower Court, the complainant himself has examined as P.W.1 and marked Exs.P.1 to P.5. On the side of the petitioners / accused, the second petitioner has examined himself as D.W.1 and marked Exs.D.1 to D.3. Upon consideration of the evidences adduced by the respondent herein and the petitioners herein, the learned Judicial Magistrate No.6, Trichirappalli has convicted the accused under Section 138 of the Act, sentencing to undergo simple imprisonment for three months and to pay a compensation of Rs.5,00,000/- to the complainant.

(3.) Assailing the said judgment and conviction, the petitioners preferred an appeal before the Lower Appellate Court in Cr.A.No.138 of 2014. Before the Lower Appellate Court, the petitioners have filed a petition under Section 391 of Cr.P.C., seeking permission to examine additional witnesses on the defence side, alleging that the documents Exs.D.1 and D.2 are the company's bank statement and closing report. In order to prove the documents, the additional evidences are necessary. The additional evidences are the Assistant Commercial Tax Officer, Tiruppur (North) and the Bank Manager. However, the said application was dismissed. Challenging the same, the present Criminal Revision Petition is filed.