DURGESH KUMAR Vs. J.B. SINGH AND ANOTHER

JUDGEMENT

(1.) This criminal revision filed under Sec. 397 and 401 CrPC is directed against the order dtd. 14/9/2012 passed by First Additional Sessions Judge, Guna in Criminal Appeal No.430/2010. The Court below by impugned order rejected an application preferred by the petitioner under Sec. 391 CrPC r/w Sec. 60 and 65A, B of Evidence Act.

(2.) Brief facts necessary for adjudication of this matter are that the respondent No.1 filed a complaint against the petitioner under Sec. 138 of Negotiable Instruments Act (N.I. Act). The trial Court passed the judgment dtd. 18/11/2010, whereby convicted the petitioner for offence under Sec. 138 of N.I. Act with three months simple imprisonment with further direction to pay Rs.1,50,000.00 as compensation. The petitioner preferred an appeal which was registered as Criminal Appeal No.430/2010. In the said appeal, the petitioner filed an application under Sec. 391 CrPC r/w Sec. 60 and 65A, B of Evidence Act. The Court below rejected this application by order dtd. 14/9/2012.

(3.) Criticizing this order, it is contended by Shri Rishikesh Bohare that the application under Sec. 391 should have been considered and decided after hearing the criminal appeal on merits and should not have disposed of in isolation without hearing the appeal on merits. Reliance is placed on the judgment of this Court, reported in 2006(II) MPWN 47 = 2006 (1) MPLJ 436 (Dharmendra v. State of M.P.)