HARI OM ENTERPRISES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith by consent of the parties.

(2.) This petition is by the original accused whose application under Sec. 391 of the Code of Criminal Procedure (for short "Cr.P.C.") came to be rejected by the learned Additional Sessions Judge, Ambajogai in an appeal.

(3.) The facts in short are that the respondent No. 2 filed a complaint against the petitioner for the offence punishable under Sec. 138 of the Negotiable Instruments Act (for short "N.I. Act"). The learned J.M.F.C. after trial held the petitioner guilty of an offence punishable under Sec. 138 of the N.I. Act by the judgment and order dtd. 4/1/2019. Being aggrieved by the said judgment and order, the petitioner preferred an appeal in the Court of learned Additional Sessions Judge, Ambajogai bearing Criminal Appeal No. 3/2019. The petitioner in the said appeal filed an application seeking permission to produce on record documents and to cross-examine the complainant.