GANDHI SALES Vs. PRAKASH M. KHANDELWAL

JUDGEMENT

(1.) Rule made returnable forthwith. Heard finally with the consent of the learned Counsel appearing on behalf of the respective parties.

(2.) This petition challenges impugned order passed by the learned Additional Sessions Judge, Nagpur in Criminal Appeal No. 08 of 2009 on dated 01st September, 2015, thereby rejecting application filed by the petitioners under Section 391 of the Code of Criminal Procedure praying for directions to the trial Court to record additional evidence.

(3.) To understand controversy involved in the present petition, following facts in brief are necessary to be stated. The petitioners are original accused in Criminal Complaint Case No. 4800 of 2005 initiated by respondent under Section 138 of Negotiable Instruments Act. By judgment of the learned trial Court, the petitioners came to be convicted and are sentenced to suffer SI for one month and are directed to pay compensation of rupees eight lakhs, jointly and severally to respondent within one month from the date of order and in default of payment of compensation, are awarded further SI for one month. The petitioners assailed this judgment before the learned Additional Sessions Judge, by filing Criminal Appeal No. 08 of 2009 and during the course of hearing of this appeal, filed an application seeking permission for leading additional evidence or to issue directions to trial Court to allow the petitioners to bring on record additional evidence which came to be rejected under impugned order, as aforesaid.