MOHAMMED QAYYUM Vs. P. MADANMOHAN

JUDGEMENT

(1.) This Criminal Petition is filed aggrieved by the order of the learned XII Additional District and Sessions Judge, Vikarabad, Ranga Reddy District in Crl.M.P.No.137 of 2018 in Crl.A.No.61 of 2016, refusing to permit additional evidence under Sec. 391 of Cr.P.C.

(2.) The petitioner/accused was convicted for the offence under Sec. 138 of the Negotiable Instruments Act. Having appealed to the Sessions Court, he filed petition under Sec. 391 Cr.P.C requesting the Court to take on record the original bank account statement of account No.52126714257 and also the original passbook of the said account. Admittedly, the cheque in question was drawn on the said account.

(3.) To prove an offence under Sec. 138 of the Negotiable Instruments, the cheque has to be drawn by a person who maintains the said account. Sec. 138 of the Negotiable Instruments Act reads as follows: