ANKIT SARDA PETITIONER Vs. NUKUL BANSAL

JUDGEMENT

(1.) Heard on I.A. No. 1 of 2018.

(2.) The Petitioner is before this Court assailing the Order dated 25.10.2018 of the Court of the Special Division-I, Sikkim at Gangtok in Criminal Appeal No. 11 of 2017 (Ankit Sarda v. Nakul Bansal). Vide the impugned Order, the learned Appellate Court while considering the petition under Section 391 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") filed by the Petitioner herein inter alia allowed the Petitioner to examine one Rabindra Kumar Sarda but rejected his prayer to examine one Ashish Somani. The learned Appellate Court also opined that the evidence of two other witnesses viz. Naresh Kumar Agarwal and Suresh Agarwal would be relevant for a just adjudication of the matter and directed that the said two witnesses also be examined by the Petitioner. The Petitioner contends before this Court that firstly he does not seek to examine witnesses Naresh Kumar Agarwal and Suresh Agarwal in view of the fact that Exhibit 1 where the two persons are witnesses, is an admitted document and secondly because these two witnesses were cited as witnesses by the Respondent but were subsequently not examined. That, in view of the fact that the Respondent also admits Exhibit 1, no purpose emanates from their examination. It is prayed that the Order of the learned Appellate Court with regard to examining of these two witnesses be set aside and Ashish Somani be permitted to be examined by the Petitioner.

(3.) Learned Counsel for the Respondent concedes that he has no objections to the submissions of the Petitioner with regard to the examination of Naresh Kumar Agarwal and Suresh Agarwal not being necessary in view of the fact that Exhibit 1 is an admitted document. However, he submits that the prayer of the Petitioner seeking to examine Rabindra Kumar Sarda and Ashish Somani ought to be rejected as nowhere earlier had the Petitioner cited the requirement of examining these two witnesses. That, allowing the prayer would prejudice the case of the Respondent. Hence the petition be dismissed.