DWARKADAS SHRIBHAGWAN JAIPURIYA Vs. SOU.GAURI MANOJ SHINGHANIYA

JUDGEMENT

(1.) Rule is made returnable forthwith. The petition is heard finally at the stage of admission with the consent of the learned counsel for the parties and taken up for final disposal.

(2.) By this petition, the petitioner has impugned the order dated 19.10.2015 passed by the learned Additional Sessions Judge, Yavatmal, below Exhibits 20 and 23, in Criminal Appeal No.20/2009.

(3.) Learned counsel for the petitioner submits that the appellate Court had erred in law, by refusing to grant permission to the petitioner, to adduce additional evidence in appeal or in directing the trial Court to record the evidence under Section 391 of the Code of Criminal Procedure. It is further submitted that the documents filed by the petitioner were necessary and essential for a just decision in the said case, inasmuch as, the said documents go to the root of the matter, i.e. whether the cooperative society had the authority to issue cheque or not. He submitted that the petitioner had received information in writing under the Right To Information Act , 2005, that the Agrasen Nagari Cooperative Society was not authorized to issue cheques to its members and had no permission from the Reserve Bank of India to carry out banking business. He submitted that in light of the documents that were received by the petitioner under the Right To Information Act , it is necessary for the petitioner to examine three witnesses, i.e. Shri Rohit Jaipuria (petitioner's son); Shri Hushe, Public Information Officer and Deputy Registrar (Administration) Cooperative Societies; Shri V.S. Das, Executive Director and Chief Public Information Officer, Reserve Bank of India, Mumbai. Learned counsel relied on the judgments reported in AIR 1965 SC 1887 (Rajeswar Prasad Misra Versus The State of W.B. & another), AIR 1987 SC 1321 (State of Gujarat Versus Mohanlal Jitamalji Porwal & another) and 2012(3) All M R 502 (Mrs.Maria Elviradas Neves Ferreira Trindade & others Versus Deputy Collector, Margao & another), in support of his submissions.