NAGO MANIK PATIL Vs. PRATAP GABAJI PATIL

JUDGEMENT

(1.) Heard learned counsel for respective parties.

(2.) petitioner has questioned the order dated 24.12.2002 passed by learned Additional Sessions Judge, Jalgaon in Criminal Appeal No.40/1998 whereby passing an order below Exh.19 in pending Criminal Appeal No.40/1998, learned Additional Sessions Judge permitted the appellant in the case to adduce additional evidence exercising his discretion under section 391 of the Code of Criminal Procedure, which empowers the Appellate Court to take further evidence. It appears that learned Additional Sessions Judge had passed a detailed and reasoned order and considering the allegations levelled against the respondentcomplainant on the ground that respondentcomplainant is a money lender. The appellant had further alleged that he was in need of money and had borrowed some amount from the respondent which he had in fact repaid with interest. According to the accused, the complainant used to take cheques as security for the transaction and also got executed a sale deed from the accused, which accused offered to tender in evidence at the appellate stage.

(3.) Learned advocate for the petitioner sought to place his reliance upon the ruling in the case of Yogendra Bhagatram Sachdev Vs. State of Maharashtra and another, 2003 BCR(Cri) 810 decided by Single Judge of this Court.