RADHABAI Vs. GANESAN

JUDGEMENT

(1.) The present revision has been filed against the dismissal of the miscellaneous petition filed u/s 391 Cr.P.C. to adduce additional evidence.

(2.) It is the case of the petitioner herein that he moved a miscellaneous petition before the court below to adduce additional evidence on the ground that the certified copy of the judgment in O.S. No. 845/2002, which was filed by the respondent, though marked as exhibit, but the petitioner herein, who is the appellant/accused before the court below, has not been examined, which will put the appellant to great loss and hardship. However, the trial court, without appreciating the said fact, has dismissed the petition for adducing additional evidence and, therefore, the said order is liable to be interfered with.

(3.) Learned counsel appearing for the petitioner reiterated the submissions as advanced before the court below and as also enumerated in the grounds of revision and prayed that non-allowing of this revision would cause irreparable loss and hardship to the petitioner and, therefore, prayed for setting aside the order passed by the court below.