Vinay Sahu vs State
2021 Latest Caselaw 5857 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5618/2019

Vinay Sahu S/o Shri Dayalal Sahu, Aged About 31 Years, By Caste Sahu, R/o 326, Dhanmandi, Udaipur (Raj.).

----Petitioner Versus

1. State, Through P.P

2. Jagnnath Dangi S/o Shri Nanda Ji Dangi, By Caste Dangi, R/o Khempura, Tehsil Girva, District Udaipur (Raj.).

----Respondents

For Petitioner(s) : Mr. Shaitan Singh Badgurjar For Respondent(s) : Mr. Gaurav Singh, PP Mr. Abhishek Charan

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

01/03/2021

The matter comes up for orders on an application (No.01/20)

for preponement of the date fixed in the case.

With the consent of learned counsel representing the parties,

the matter is heard finally and is being decided today itself.

The petitioner has filed an appeal against his conviction by

the trial court for the offence under Section 138 of the N.I. Act

which is pending consideration of the Addl. Sessions Judge No.4,

Udaipur. During pendency of the appeal, the petitioner submitted

an application under Section 391 Cr.P.C. which has been rejected

by the order dated 26.09.2019, which is assailed in this misc.

petition.

By way of the subject application, the petitioner sought to

bring on record registered sale deed executed inter se between

(2 of 2) [CRLMP-5618/2019]

him and the complainant. It is not disputed that the existence of

the sale deed was admitted by the complainant Jaggan Nath in his

statement.

In this view of the matter, I am of the opinion that taking

registered sale deed on record and considering the same while

deciding the appeal is essential for just disposal of the case. Thus,

the impugned order dated 26.09.2019 is set aside. The appellate

court is directed to take on record the registered sale deed dated

03.01.2014, executed by complainant Jaggan Nath in favour of

the petitioner and to consider the same as per law while deciding

the appeal.

With above observations and directions, the misc. petition is

allowed. The stay application is disposed of.

(SANDEEP MEHTA),J

116-Sudhir Asopa/-

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