9911796707
TMI Blog2023 (6) TMI 893X X X X Extracts X X X X X X X X Extracts X X X X ..... al of the record that the complainant is SEBI registered company and the petitioner was a client of the same. Both of them entered into an agreement exhibited as Ex.C-2. As apparent from the arguments raised, the crux of the arguments raised by learned counsel for the petitioner is that on his asking the complainant had not produced the complete record pertaining to sell and buying of holdings. It is an admitted fact that the petitioner was given numerous opportunities to lead his evidence. He proved the documents as Ex.DX to DZ. Counsel for the petitioner has laid emphasis on the deposition of the CW-2 Ajit Baluni. The contentions regarding charge of commission/ brokerage have been admitted by the witnesses produced by the complainant. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bhardwaj, J. The petitioner has approached this Court praying for setting aside the order dated 12.04.2023, passed by the learned Additional Sessions Judge, Chandigarh in a Criminal Appeal vide which an application under Section 391 Cr.P.C. filed by the petitioner has been dismissed. Adumbrated facts of the case are that the petitioner had been prosecuted in a complaint under Section 138 of the Negotiable Instruments Act, filed by the respondent. It had been alleged in the complaint that the petitioner-accused approached the complainant with a desire to invest and trade in the securities. They entered into an agreement and the petitioner was allotted unique client Code No.11DS95. In order to discharge his legal liability towards th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... digarh declined the same vide impugned order dated 12.04.2023. Aggrieved by the same the petitioner is before this Court by way of filing the present petition. Learned counsel for the petitioner has vehemently contended that the learned trial Court has miserably failed in appreciating the scope of Section 391 Cr.P.C. and the contentions raised by learned counsel for the petitioner that summoning of record as prayed for was essential for the decision of the case. He submits that the respondent-company charged commission/brokerage at the rate of 0.4 per cent from the client i.e. the petitioner on the value of transaction each time for normal mode. He submits that perusal of the deposition of CW-2 Ajit Baluni is clear enough to show that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d and thus, has drawn wrong conclusion in declining the application filed by the petitioner under Section 391 Cr.P.C. and hence, the impugned order being unsustainable in the eyes of law, deserves to be set aside. Heard. After hearing learned counsel for the petitioner and perusing the record, it is apparent that the petitioner had been prosecuted by the respondent-company in a complaint filed under Section 138 of the Negotiable Instruments Act. After the trial, the petitioner was convicted and sentenced by the trial Court for the offence under Section 138 of the Negotiable Instruments Act for a period of one year of rigorous imprisonment with a compensation of Rs.23 lacs to the complainant. Aggrieved by the same, the petitioner filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by learned counsel for the petitioner, was very much in the knowledge of the petitioner since beginning. But despite having availed numerous opportunities, he did not make any endeavour to bring the same on record, if it was so essential for just decision of the case. Even after filing of this appeal, the present application has been filed at a belated stage. There is no gainsaying that the Appellate Court had the jurisdiction to invoke its power under Section 391 Cr.P.C. but the same cannot be invoked in a cavalier manner. Reliance is placed upon Rambhau vs State of Maharashtra 2001(2) RCR (Criminal) 721, wherein it has been held by Hon'ble Apex Court as under:- 4. Incidentally, Section 391 forms an exception to the general ru ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
