RAMENDRA JAIN
Tyre Sales – Appellant
Versus
Shree Krishna Enterprises – Respondent
JUDGMENT
Ramendra Jain, J. (Oral) - Through this petition under Section 482 Cr.P.C, petitioners have assailed order dated 18.12.2019 (Annexure P-1) of the Appellate Court, whereby their two applications under Sections 391 Cr.P.C. for production of additional evidence, were dismissed.
2. Briefly, in a complaint, filed by respondent under Section138 of the Negotiable Instruments Act (in short 'the Act') against petitioners, the petitioners were afforded full opportunities to lead evidence to their satisfaction. They examined two witnesses in defence. Thereafter, they voluntarily closed their defence evidence.
3. Learned trial court, after hearing both the sides, accepting the complaint of respondent, held petitioner No.2 guilty under Section 138 of the Act and sentenced him to undergo rigorous imprisonment for two years under Section 138 of the Act and to pay total cheque amount i.e. Rs. 19,00,000/- with interest @ 9% per annum from the date of cheque till realization vide judgment of conviction and order of sentence dated 22.12.2017.
4. Being aggrieved, petitioners filed appeal alongwith application under Section 391 Cr.P.C. to prove statements of accounts and books of accounts. Subs
State of Gujarat vs. Mohanlal Jitamalji Porwal and another 1987 (2) SCC 364
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