JATINDER KUMAR MEHTA Vs. RAJESH KUMAR AND ANOTHER

JUDGEMENT

(1.) Petitioner has approached this Court assailing the order dated 07.12.2017 passed by the learned Additional Sessions Judge, Amritsar, whereby, an application preferred by the petitioner under section 391 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.) in an appeal, in which, the petitioner stands convicted under section 138 of the Negotiable Instruments Act, has been dismissed.

(2.) It is the contention of the learned counsel for the petitioner that the application under section 391 of Cr.P.C., 1973 as was preferred by the petitioner should have been heard along with the appeal and the appeal should have been decided along with the application. He further states that the Court, while deciding the application, has not really considered the factual position and the necessity of moving such an application at the appellate stage. He contends that while disposing of the application, the Appellate Court has simply observed that the applicant has been negligent before the trial Court in filing an appropriate application at that stage and therefore, the said application has been dismissed. He places reliance upon the judgment of Gwallior Bench of Madhaya Pradesh High Court in Durgesh Kumar v. J.B.Singh and another, 2015 (45) R.C.R. (Criminal) 435 as also the judgment of Kerala High Court in Joseph v. Gladis Sasi, 2011 (1) R.C.R. (Criminal) 164 , in support of his contentions.

(3.) I have considered the submissions made by the counsel for the petitioner and have gone through the impugned order as also the judgments on which reliance has been placed.