PAWAN KUMAR Vs. RAMESH KUMAR BANSAL

JUDGEMENT

(1.) Present petition has been filed for seeking exercise of inherent jurisdiction of this Court for setting aside Order dated 23.04.2019(Annexure P-6) passed by the Additional Sessions Judge, Fatehgarh Sahib in Complaint No.66 dated 17.04.2012 under Section 138 of Negotiable Instruments Act, whereby the application filed by the petitioners under Section 391 read with Section 311 Cr.P.C has been dismissed.

(2.) The facts giving rise to the present petition are that the complainant had filed a complaint against the present petitioners under Section 138 of Negotiable Instruments Act (herein after, for short 'the Act') for dishonor of cheque for an amount of Rs. 90 lakhs. Before filing of the complaint, the complainant had served notice upon the petitioners and had complied with all the required conditions, as prescribed under the Act. After taking the evidence, Trial Court convicted the petitioners under Section 138 of the Act and sentenced with imprisonment for 2 years and fine of Rs. 25,000/- each.

(3.) Feeling aggrieved against the Order, the petitioners preferred the appeal before the lower Appellate Court in the year 2016. The said appeal is pending adjudication before the lower Appellate Court. However, at the stage of final arguments of the appeal, petitioners filed the application for additional evidence; by way of examination of hand-writing expert and placing on record his report qua the writing of the amount on the cheque in 'figures'. That application has been declined by the lower Appellate Court; vide Order dated 23.04.2019. Feeling aggrieved against the said Order, the present petition has been filed.