LAWS(MPH)-2011-5-20

SAPNA JOTWANI Vs. GHANSHYAM SINGH PATEL

Decided On May 16, 2011
SAPNA JOTWANI Appellant
V/S
GHANSHYAM SINGH PATEL Respondents

JUDGEMENT

(1.) This appeal, by leave, has been filed against the order dated 2.11.2006 of acquittal of Respondent of the offence Under Section 138 of Negotiable Instruments Act ( hereinafter referred to 'the Act' for short) passed by Judicial Magistrate, First Class, Bhopal in R.T. No. 980/2005 (Mrs. Sapna Jotwani v. Ghanshyam Singh Patel).

(2.) Short point, in this appeal is that the Appellant has not challenged the findings of trial Court but she has advanced her arguments that documents which have been produced in I.A. No. 13349/09 dated 6,10,2009 be taken on record, the order of acquittal be set aside and the matter be remanded back to trial Court for afresh trial on the basis of documents.

(3.) Learned Counsel for the Respondent has objected for taking documents on record and remanding the case for afresh trial in the light of the documents as Respondent has already been acquitted of the charge levelled against him and his valuable right will be affected and he will suffer irreparable loss if fresh trial is ordered.