S.MALAR SELVAM Vs. D.SUDDHAKAR

JUDGEMENT

(1.) The petitioner/Accused was convicted in STC.No.7235 of 2022. Aggrieved by the said conviction, the petitioner preferred an appeal in Crl.A.No.344 of 2023 in which a petition in Crl MP No.24708 of 2023 under Sec. 391 of Cr.P.C filed for adducing additional evidence of viz, one D.Kuzhalamani, the mother of PW1. The said miscellaneous petition was dismissed by the V Additional Sessions Judge, City Civil Court, Chennai, Vide order dtd. 9/11/2023. Aggrieved by the said order, the present criminal revision case filed before this Court.

(2.) According to the petitioner, the said Mrs.D.Kuzhalamani is due to the petitioner a sum of Rs.20,00,000.00 for which she issued a cheque drawn in favour of the petitioner on Punjab National Bank, Kilpauk, Chennai, dtd. 20/11/2020. Thereafter, the petitioner took steps to proceed against her. On coming to know about the same, the said Mrs.D.Kuzhalamani transferred the amount to the petitioner through RTGS and this amount of Rs.20,00,000.00 has been projected as the amount liable to be paid by the petitioner to the respondent complainant. Though this fact was not elicited during trial, since the petitioner was sick this fact came to the knowledge of the petitioner and hence, he had filed a petition to adduce additional evidence.

(3.) The Lower Appellate Court failed to consider the same, after notice to the respondent, the respondent is present before this Court, through counsel.