SATPAL SINGH MALHOTRA Vs. GULSHAN KUMAR

JUDGEMENT

(1.) The present revision petition has been filed by the petitioner against the judgment dated 1.11.2011 passed by the learned Additional Sessions Judge, Yamuna Nagar at Jagadhri, whereby the application filed by the petitioner under Section 391, Cr. P.C. to lead additional evidence in first appeal was dismissed.

(2.) The brief facts of the case are that the petitioner had filed a criminal complaint for the offences punishable under Sections 138 of the Negotiable Instruments Act, 1881, (for short 'the Act') and Section 420 of the Indian Penal Code before the learned Judicial Magistrate Ist Class, Yamuna Nagar at Jagadhri, however, the respondent/accused was summoned to face trial for the offence punishable under Section 138 of the Act. After trial, the learned trial Court dismissed the complaint and acquitted the accused on the ground that the complainant had failed to establish the guilty of the accused for the commission of offence punishable under Section 138 read with Section 142 of the Act.

(3.) Not satisfied with the order of the acquittal, the complainant/petitioner filed a criminal appeal before learned Additional Sessions Judge, Yamuna Nagar at Jagadhri, which is pending adjudication. During the pendency of the said appeal, the petitioner moved an application under Section 391, Cr. P.C. for leading additional evidence. The said application was dismissed by the learned lower appellate court vide order dated 1.11.2011, which is under challenge before this Court by way of a criminal revision.