PUSHKAR LAL Vs. NARAYAN LAL DANGI

JUDGEMENT

(1.) The present revision petitions under Sec. 397/401 Cr.P.C have been filed against the order dtd. 25/1/2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur whereby, the application preferred by the petitioner under Sec. 391 Cr.P.C. for adducing evidence was dismissed.

(2.) Brief facts of the case are that the respondent lodged a complaint under Sec. 138 of the Negotiable Instruments Act, against the petitioner, whereupon a case bearing no. 16532/2015 came to be registered against him before the learned Special Judicial Magistrate No. 1 (N.I. Act Cases), Udaipur. Thereafter, during the course of trial, the complainant- respondent in his cross-examination stated that his family had sold certain lands, in lieu of a consideration of Rs.21,00,000.00 , out of which a sum of Rs.10,00,000.00 was given to the accused-petitioner. Thereafter, the accused-petitioner preferred an application under Ss. 91 and 311 Cr.P.C. to bring on the record the respondent's bank statements for the year 2012- 2013 and the sale deed of the lands in question. The learned Court below partly allowed the application vide order dtd. 19/1/2021, granting the petitioner liberty to produce the bank statements of respondent for year 2012-13, and sale deed of land in question at the stage of his defence and respondent will also have right to cross-examination.

(3.) Feeling aggrieved by the aforesaid order, the petitioner preferred criminal misc. petition before this Court being S.B. Criminal Misc. petition No. 8166/2022. The said misc. petition came to be dismissed by co-ordinate Bench of this Court vide order dtd. 20/12/2022.