VAIBHAV KHARE Vs. KAMAL KISHORE ARYA

JUDGEMENT

(1.) This Criminal Revision filed under Sec. 397/401 of Cr.P.C. is directed against the order dtd. 23/1/2020 passed by the XXIV Additional Sessions Judge, Bhopal in Cr.A. No.417/2018 (Vaibhav Khare Vs. Kamal Kishore). Learned Appellate Court by the impugned order rejected an application under Sec. 391 of Cr.P.C filed by the appellant/ accused.

(2.) Brief facts necessary for deciding this matter are that the non applicant/ complainant filed a complaint against the petitioner under Sec. 138 of Negotiable Instruments Act (herein after referred to as'N.I.Act'). Learned JMFC, Bhopal passed judgment dtd. 15/6/2018 in CNRT No.9958/2014 (Kamal Kishore Vs. Vaibhav Khare) and convicted the petitioner for offence under Sec. 138 of N.I.Act and sentenced to 1 year S.I. and also directed the petitioner/ accused to pay compensation to the tune of Rs.2,72,000.00 to the complainant/ non-applicant. The petitioner preferred an appeal which was registered as Cr.A. No.417/2018. In the said appeal, the petitioner moved an application under Sec. 391 Cr.P.C. and prayed for taking the document on record. The First Appellate Court/ Court of Additional Sessions Judge, Bhopal rejected the said application by the impugned order.

(3.) Assailing this order, learned counsel for the petitioner Shri S. P. Khare has contended that application under Sec. 391 of Cr.P.C. should have been considered and decided after hearing the criminal appeal on merits and should not have been disposed of in isolation without hearing the appeal on merits.