P.K.LOHRA,J. - (1.) The instant misc. petition under Section 482 Cr.P.C. at the behest of accused-petitioner is directed against order dated 4th of March 2017, passed by Sessions Judge, Pali (for short, 'learned appellate Court') in Criminal Appeal No.38/2017.
(2.) By the order impugned, learned appellate Court has declined the prayer of petitioner for taking additional evidence of Bank Manager along with documents in an appeal wherein she has challenged her conviction for offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'Act') recorded by Judicial Magistrate, 1st Class, Marwar Junction, Pali (for short, 'learned trial Court').
(3.) Succinctly stated, facts of the case are that complainant Bheru Dan submitted a complaint under Section 138 of the Act against petitioner before learned trial Court inter-alia on the ground that Cheque bearing No.450288, issued by the petitioner, for the discharge in whole or in part of the debt, is returned by the bank unpaid because the amount of money standing to the credit of the account was insufficient. In the complaint, it is further averred that immediately thereafter complainant served a registered notice on the petitioner but in response to the same no endeavour was made by her to pay the requisite amount. With all these positive assertions, complainant craved for prosecuting the petitioner and punishing her for offence under Section 138 of the Act. The learned trial Court, by order dated 25.07.2011 proceeded to take cognizance of the aforesaid offence against the petitioner and registered the case. Upon appearance of the petitioner on 14.03.2013, substance of accusation was read out to her by the learned trial Court and after her denial proceeded with the trial. In order to prove accusation against the petitioner, complainant Bheru Nath appeared in the witness box and testified on oath and also exhibited 6 documents. After conclusion of evidence of the complainant, statement of petitioner-accused was recorded under Section 313 Cr.P.C. and acceding to her prayer she was allowed to produce defence evidence. Petitioner herself appeared in the witness box and testified on oath.;