PRAMOD BHIKULAL GUPTA Vs. SACHIN RAVINDRA KHANDELWAL

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard Mr. J. B. Gandhi, Advocate for applicant, Mr. S. A. Mohta, Advocate for non applicant no.1 and Mr. N. R. Rode, A.P.P. for non applicant no.2.

(2.) The challenge, which is set up in the present application under Section 482 of the Code of Criminal Procedure is to the order passed by the learned Additional Sessions Judge, Akola dated 30.12.2016 below Exh.-24 in Criminal Appeal No.70/2008 by which the learned Judge of the appellate Court rejected the application filed on behalf of the present applicant under Section 391 of Cr. P.C. for grant of permission to adduce oral evidence.

(3.) The non applicant herein filed proceeding against the present applicant for an offence punishable under Section 138 of the Negotiable Instruments Act since cheque bearing No. 0523469 dated 03.08.2006 drawn on Akola Central Cooperative Bank Ltd., branch at Akola for Rs.43,400/- issued in favour of him was dishonoured by the banker of the present applicant. After issuance of the statutory notice, when it was noticed by the complainant that the applicant has not repaid the amount mentioned in the aforesaid cheque, he has lodged the complaint. The said complaint was registered as S.C.C.No.7362/2006.