1. The present Criminal Misc. Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicant herein – original accused to quash and set aside the impugned order dated 24/11/2008 passed below Exh.24 in Criminal Appeal No.48 of 2007 by learned Additional Sessions Court and Fast Track Court, Gandhinagar, by which, prayer of the applicant herein to lead an additional evidence at appellate stage in exercise of power under Section 391 of the Code of Criminal Procedure, has been rejected.

2. Facts leading to the present application, in nutshell, are as under:

Respondent No.2 herein – original complainant had instituted the complaint being Criminal Case No.1041 of 2005 against the applicant herein – original accused in the Court of Judicial Magistrate (First Class), Gandhinagar for the offence punishable under Section 138 of the Negotiable Instruments Act for dishonour of cheque No.409897 for Rs.7,00,000/- and cheque No.138879 for Rs.50,000/-. That the applicant herein came to be tried for the offence punishable under Section 138 of the Negotiable Instruments Act for dishonour of cheques in question. It was the specific case on behalf of the ap