YADAGIRI JAGAN MOHAN RAO Vs. T.CHANDRASHEKAR REDDY

JUDGEMENT

(1.) The present Criminal Petition is filed under Section 482 Cr.P.C., questioning the order, dated 08.02.2019, passed in Crl.M.P.No.327 of 2018 in Crl.A.No.5 of 2017 on the file of the Judge, Family Court-cum-Additional District and Sessions Judge, Karimnagar, wherein and whereunder an application filed by the petitioner/appellant/accused, under Section 391 (1) Cr.P.C., to permit him to produce additional evidence on his behalf by examining one Thodeti Thirupati so as to prove his claim, was dismissed.

(2.) The facts which led to filing of the present Criminal Petition are as under:

(3.) The 1st respondent/complainant filed a complaint against the petitioner/accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881, which was registered as C.C.No.983 of 2009 and later it was transferred and numbered as C.C.No.291 of 2010 on the file of the Court of Special Judicial Magistrate of First Class (Excise) at Karimnagar. By its judgment, dated 21.12.2016, the trial Court convicted the petitioner/accused for the above mentioned offence and sentenced him to undergo simple imprisonment for a period of six months and to pay Rs.8,00,000/- as compensation within a period of two months, in default, he shall undergo simple imprisonment for three months. Challenging the same, the petitioner/accused preferred Crl.A.No.5 of 2017 before the Judge, Family Court-cum-Additional District and Sessions Judge, Karimnagar. Pending the said appeal, the petitioner/accused filed Crl.M.P.No.327 of 2018 under Section 391 (1) Cr.P.C. requesting the Court to permit him to produce additional evidence on his behalf by examining the said Thodeti Thirupathi to prove his claim. The said application was dismissed by the learned Judge, Family Court-cum- Additional District and Sessions Judge, Karimnagar. Aggrieved by the same, the present Criminal Petition is filed.