OMPRAKASH TRIPATHI Vs. MUKESH DABI AND OTHERS

JUDGEMENT

(1.) Applicant has preferred this revision petition under Section 397 read with Section 401 of Code of Criminal Procedure, 1973 (for short 'The Code') being aggrieved by the order dated 18/12/2017 passed by Sessions Judge, Ratlam in Cr.A. No.100/2017, whereby the application filed under Section 391of 'the Code' has been rejected.

(2.) The facts raising to the present revision application are that the applicant has been convicted by J.M.F.C, Ratlam in Cr. Case No.2853/2012 for offence under Section 138 of Negotiable Instruments Act, 1881 and was sentenced for imprisonment of 1 years and he was also directed to pay Rs. 1,21,000/- as compensation to the respondents. The applicant assailed the aforesaid judgment of conviction in appeal before the Court of Sessions Judge, Ratlam, during the course of hearing of the criminal appeal, the applicant submitted an application under Section 391 of Cr.P.C for taking additional evidence to show that he has issued the cheque in question under the undue pressure of police, however, the said application was dismissed on the ground that if the appellant has issued the aforesaid cheque under the pressure of police, then why he has not made any complaint to the higher police authorities regarding this during thee period of last 5 years.

(3.) Learned counsel for the applicant has submitted that the documents which was field by the applicant before the Sessions Court is essential to prove his innocence, however, learned Sessions Judge has rejected the application without giving him opportunity to prove these documents. Counsel further submitted that the impugned order passed by the appellate Court is contrary to the law, therefore, it may be set aside and a direction be issued to decide the application a fresh.