ANTARTICA GRAPHICS LIMITED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court:

(2.) This is an application challenging the judgement and order dated 16.04.2016 passed by the learned Additional Sessions Judge, 1st Fast Track Court, Bichar Bhawan, Kolkata in Criminal Appeal No. 33 of 2000 arising out of Complainant Case No. C-927 of 1996 under Section 138 of the Negotiable Instruments Act, thereby remanding back the aforesaid case to the Court of the learned Metropolitan Magistrate, 11th Court, Calcutta for passing judgement afresh after appreciating the evidence adduced in connection with this case afresh.

(3.) Learned counsel appearing on behalf of the petitioners submits as follows. The complainant initiated the impugned proceeding in the year 1996. The learned trial court convicted the accused/opposite party nos. 2 to 4 on charges under Sections 138 and 141 of the Negotiable Instruments Act. On 13.08.2010 the accused/opposite parties preferred an appeal. During such proceeding, the accused filed an application under section 391 of the Code for adducing additional evidence. The same was allowed. Accordingly, P.W. 3 was placed on witness box and cross-examined by the defence on the document dated 01.12.1995. The two documents dated 01.12.1995 and 06.03.1996 being Exhibit-B and Exhibit-C, respectively, on proof, were admitted in evidence for the defence. After receiving the additional evidence recorded by the learned Magistrate, the learned Appellate Court perused such additional evidence and the evidence on record the matter and held that the matter should be remanded back to the learned Court for deciding the case afresh. Being aggrieved, the petitioner preferred this revision in 2016. It is the petitioner's case that since the additional evidence was already there before the learned appellate court, the said court ought to have decided the case itself instead of sending it back to the learned Magistrate. The case has remained pending since 1996 and in the interest of justice, a direction may be passed upon the learned appellate court to dispose of the appeal on merits in a time bound manner. A copy of the additional evidence recorded in pursuance of the direction passed under section 391 of the Code, as filed in Court, is taken on record.