PURE AND PRISTINE SOLUTIONS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Viraj V. Kadam, learned counsel for the Petitioner, Ms. Rekha Musale, learned counsel for the Respondent No.2 and Mr. Arfan Sait, learned APP for the State.

(2.) The Petitioner is the original Appellant in Criminal Appeal No.132 of 2017 before the Additional Sessions Judge, Pune. The said Appeal arises from the Judgment and Order dtd. 28/02/2017 passed by 18th Joint, Civil Judge Junior Division and Judicial Magistrate First Class, Pune, passed in SCC No.10497/2014. The Trial Court had convicted the Petitioner for commission of offence punishable u/s 138 of Negotiable Instruments Act and was sentenced to suffer simple imprisonment for one year and to pay compensation of Rs.23.00lakhs. This order was challenged before the Court of Sessions at Pune.

(3.) In that Appeal, an application was preferred by the Petitioner at Ex.29 for remanding back the trial before the learned Magistrate because according to the Petitioner, the important circumstances against him were not put to him u/s 313 of Cr.P.C . after the original complainant i.e. the Respondent No.2 herein was recalled. After his recall further statement of the Petitioner was not recorded causing prejudice to him. This particular application Ex.29 in the said Appeal was rejected by the learned Additional Sessions Judge, Pune, by the impugned order dtd. 04/10/2018. It was observed that the Appellant only wanted to prolong the matter and the question No.10 in the statement u/s 313 of Cr.P.C was already asked regarding the notice dtd. 11/04/2014.