KAILASH AGARWAL Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) In pursuance of the order dated 18.2.2016, amended cause title has already been filed, which is taken on record. The registry is directed to place it on appropriate place.

(2.) The petitioner accused appellant preferred this criminal miscellaneous petition against the impugned order dated 18.11.2015 passed by the learned Additional District & Sessions Judge, Camp Court at Dudu, District Jaipur in Criminal Appeal No.8/2015, whereby the learned appellate court dismissed the application of the appellant accused submitted u/S. 391, Cr.P.C.

(3.) Brief facts of the case are that the respondent complainant Manoj Kumar Jain submitted a criminal complaint for the offence u/S. 138 of N.I. Act against the petitioner accused appellant before the learned Judicial Magistrate, Dudu, District Jaipur wherein after trial, the petitioner accused appellant was convicted for the aforesaid offence. Feeling aggrieved by the judgment of conviction and order of sentence passed by the learned trial court, he preferred an appeal before the learned Additional District & Sessions Judge, Camp Court Dudu, District Jaipur. During the pendency of the appeal, he submitted an application u/S. 391 Cr.P.C., which was dismissed vide impugned order dated 18.11.2015 (Annexure-4). Hence, this criminal miscellaneous petition.