1. The applicants have preferred the present revision against the order dated 29.12.2010 passed by the Ist Additional Judge to the Court of Vth Additional Session Judge, Chhindwara in Criminal Revision No.36/2009 whereby the impugned order dated 21.1.2009 passed by the Chief Judicial Magistrate, Chhindwara in Criminal Case No.3509/1997 was set aside and the application filed under sections 65, 74, 78 and 79 of the Evidence Act (hereinafter referred to as the “Act”) was allowed.

2. The facts of the case in short are that a prosecution was launched before the Chief Judicial Magistrate, Indore in 1996 that the applicants did not pay the Excise duty of Rs.4,78,000/- and therefore, they were prosecuted under section 9 of the Central Excise Act. Thereafter, the case was transferred to the Court of CJM, Chhindwara according to its territorial jurisdiction. When the evidence of the complainant was started an application was moved by the prosecution under sections 65, 74, 78 and 79 of the Evidence Act read with section 35A of the Act.

3. The trial Court after considering the submissions made by the learned counsel for the parties dismissed the application and thereafter, a revisi