NAVNEET Vs. LRS. OF SMT. PREM DEVI

JUDGEMENT

(1.) The present revision petition under Sec. 397/401 Cr.P.C has been filed against the order dtd. 7/12/2024 passed by learned Additional Session Judge, Women Atrocities cases, Bhilwara 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 petitioner was convicted and sentenced by the learned Special Judicial Magistrate No. 2, Bhilwara in Criminal Case No. 1954/2016 whereby, the petitioner convicted and sentence for offence under Sec. 138 of Negotiable Instruments Act. Being aggrieved the petitioner filed an appeal which is pending consideration before learned Additional Sessions Judge, Women Atrocities Cases, Bhilwara. During pendency of the appeal, the petitioner preferred an application under Sec. 391 Cr.P.C to record the statements of complainant Pramod and his son Nitigya Mansinghka arising out of FIR No. 274/2013 so also the copy of FIR and challan, however, the Appellate Court rejected the application vide order dtd. 7/12/2024. Hence, this revision petition.

(3.) Counsel for the petitioner submits that the Appellate Court has committed grave error of law in dismissing the application filed by the petitioner under Sec. 391 Cr.P.C inasmuch as the documents are vital for just decision of the case. It is argued that the complainant had filed a case against the petitioner for offence under Ss. 420 and 406 IPC in which the Trial Court had recorded the statement of PW-1 Pramod Mansinghkha and Nitigya Mansinghka and Trial Court had acquitted the petitioner. The petitioner is seeking to produce the statement of these two witnesses on record for just decision of the case, however, the Appellate Court mechanically dismissed the said application. It is prayed that dismissal of the application under Sec. 391 Cr.P.C to bring on record essential piece of evidence, will result into grave injustice to the petitioner and therefore, the same is liable to be allowed. Learned Counsel placed reliance on judgment of Hon'ble Apex Court in the case of Brig. Sukhjeet Singh (Retd.) MVC Vs. State of U.P. & Ors. reported in 2019(1) CJ (Cri.) (SC) 137 and judgment of Division Bench Bench of this Court in the case of Pankaj & Anr. Vs. State of Rajasthan reported in 2019(2) CJ (Cri.) (Raj.) 1051.