RANJIT SINGH Vs. RAJU LAL

JUDGEMENT

(1.) Petitioner has filed this petition under Section 397 read with Section 401 of Criminal Procedure Code 1973 (hereinafter referred to as 'Cr.P.C.'), challenging the order dated 26.04.2017, whereby Appellate Court while allowing the appeal filed by the respondent remanded the trial to the trial Court for a fresh decision.

(2.) Learned counsel for the petitioner has submitted that the petitioner had filed the complaint against the respondent with regard to dishonour of cheque dated 01.07.2010 in the sum of Rs. 1,50,000/-. Trial court vide judgment/order dated 01.5.2015 ordered the conviction and sentence of the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred as "the Act').

(3.) During the pendency of the appeal, petitioner moved an application under Section 391 Cr.P.C. for permission to lead additional evidence. By way of additional evidence petitioner wanted to produce on record a complaint filed by him in Police Station Harmada on 2.6.2010, Stamp Paper dated 2.3.2010 executed by the son of the petitioner with regard to cheque in question and residential proof of the petitioner. The said application was dismissed by the Appellate Court and revision petition filed by the respondent, i.e. S.B. Criminal Revision No. 1867/2016 was dismissed by this Court. Hence, the Appellate Court has erred in remanding the case to the trial Court for a fresh decision by allowing the petitioner, to lead evidence qua the complaint dated 2.6.2010 and Stamp Paper dated 2.3.2010.