JEEJA GHANI Vs. STATE

JUDGEMENT

(1.) The impugned order dated 2nd September, 2019 passed by learned Sessions Judge, Andaman and Nicobar Islands at Port Blair allowing appellant/accused to adduce additional evidence is the subject matter of challenge in this revisional application.

(2.) Learned advocate for the revisionist/complainant submitted that learned Court below had improperly exercised its authority by deciding one of the grounds, taken in this appeal by permitting Opposite Party/Appellant to adduce additional evidence in connection with pending Appeal, what the Court below was not authorized to do in an interlocutory stage and, thus, pre-judged the appeal favourable to the purpose of Appellant/Opposite Party causing great prejudice to the right of revisionist/complainant.

(3.) In reply, learned advocate for the opposite party/accused submitted that since the Court below incidentally made some observation in the judgment holding that the accused had failed to adduce evidence from his banker that at the time of presentation of the cheque, he had sufficient funds in his account in order to rebut the presumption available under Section 139 of the Negotiable Instruments Act, the accused/appellant was not left with any other alternative, but to apply for adducing additional evidence simply to clarify the circumstances for removal of the doubts.