9911796707
TMI Blog2018 (4) TMI 1878X X X X Extracts X X X X X X X X Extracts X X X X ..... he learned Additional District Judge that the 11th document enclosed in the petition is a document certified by the competent court after seeing the original. Now, on going through the defense taken by the respondent in the Criminal Appeal is the alleged cheque pertaining to the Criminal Appeal is not handed over to the petitioner by the respondent directly. The said cheque goes to the hands of the petitioner only through one V.Madeswaran. The said defense was already mentioned in the reply notice sent to the revision petitioner - the particulars available with the additional documents are related with the defense taken by the respondent whereby taking the view of the learned Additional District Judge that those documents are necessary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions and directed the Trial Court to record the additional evidence after receiving the documents enclosed with the petition. 4. Aggrieved by the order dated 09.05.2011, the respondent in both the Civil Miscellaneous Petitions filed these Revisions, in which, he seeking the relief to set aside the order passed by the learned Additional District Judge, Namakkal. 5. Now, in order to substantiate the claim made by the petitioner, the learned counsel for the revision petitioner submitted that in the Magistrate Court, the petitioner filed a private complaint against the respondent by saying that the present respondent committed the offence punishable under Section 138 of the Negotiable Instruments Act. After elaborate trial, the learned M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issing the Revision Petitions. 8. Since the respondent has filed the petitions before the learned Additional District Judge, Namakkal, under the provisions of Section 391 [1] [2] of Crl.P.C. it would be necessary to see the definition of the said provisions. Section 391 [1] [2] of Crl.P.C. is defined as follows: 391(1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a Magistrate, or when the Appellate Court is a High Court, by a Court of Session or a Magistrate. (2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e particulars available with the additional documents are related with the defense taken by the respondent whereby taking the view of the learned Additional District Judge that those documents are necessary for disposing the Criminal Appeal does not warrant any interference. 12. The next objection raised by the revision petitioner is that all the documents now produced are in the form of xerox copies. In this aspect, it is not necessary to decide that those documents are primary evidence or not if really the petitioner having objection in these aspect, he should raise objections at the time of marking the documents. Despite of that, the learned counsel appearing for the petitioner raised objections for receiving the documents is not havi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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