RAMESHWAR VERMA Vs. GURMEET SINGH

JUDGEMENT

(1.) This petition has been filed by the petitioner under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for setting aside the order dtd. 2/5/2025 (Annexure P-3), passed by the Court of learned Additional Sessions Judge, Karnal (hereinafter referred to as 'appellate Court') in Criminal Appeal No. 361 of 2018, titled as Rameshwar Verma vs. Gurmeet Singh, whereby an application filed by the petitioner under Sec. 391 of Cr.P.C. (which is pari materia with Sec. 432 of BNSS) has been dismissed.

(2.) Brief facts of the case relevant for the purpose of disposal of this petition are that respondent No. 1 had filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') against the present petitioner alleging that the petitioner had issued a cheque in favour of respondent No. 1 to discharge his legally enforceable liability but the same had been dishonoured and the petitioner had failed to make payment of the cheque amount. On considering the preliminary evidence adduced therein, the learned trial Court had issued process under Sec. 138 of the Act against the petitioner. The petitioner faced trial and had been held guilty and convicted for the aforesaid offence, vide judgment dtd. 8/5/2018, passed by the Court of learned Sub Divisional Judicial Magistrate, Indri. Feeling aggrieved from the judgment of conviction, the petitioner has filed the aforesaid appeal on 2/6/2018 before the learned appellate Court, which is pending.

(3.) The petitioner filed aforesaid application before the learned appellate Court making prayer for allowing him to produce and examine by way of additional evidence, the concerned clerks from the HDFC Bank, Indri Branch, Head Post Office, Karnal and Income Tax Department respectively by saying that their examination was necessary for proper adjudication of the appeal. After taking reply from the respondent and hearing the arguments, the learned appellate Court dismissed the application by making the following observations: