MITHLESH KHAITAN Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) This criminal revision petition has been filed against the order dated 17th June, 2011 passed by the learned Additional Sessions Judge (Fast Track) No.6, Jaipur Metropolitan, Jaipur in Criminal Appeal No. 22/2010, whereby Appellate court quashed the conviction and remanded the matter back to the Trial Court.

(2.) The short facts of the case are that a complaint was filed under Sec. 138 of the Negotiable Instruments Act. After conclusion of the trial, the non-petitioner was convicted and sentenced. Appeal has been preferred where non-petitioner submitted an application under Sec. 391 Crimial P.C. and additional documents have been taken on record on which the Appellate court has quashed the conviction and remanded the matter back to the Trial Court to decide afresh.

(3.) The only contention of the present petitioner is that under Sec. 391 Crimial P.C., Appellate Court can take further evidence or direct it to be taken by the concerned Magistrate and there is no quarrel about this legal position. There only anxiety is that only by filing an application under Sec. 391 and taking the additional document on record, the conviction cannot be set aside as conviction has attained finality by judicial pronouncement and only by filing an application under Sec. 391 Crimial P.C., conviction could not be set aside.