Dalpat Singh vs Jodhpur Nagrik Sahkari Bank Ltd
2022 Latest Caselaw 13784 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6428/2022

Dalpat Singh S/o Lal Singh, Aged About 32 Years, R/o 118 Sankhlo Ka Baas, Magra Punjala, Jodhpur.

----Petitioner Versus Jodhpur Nagrik Sahkari Bank Ltd., Head Office 152/153, Manji Ka Hatha, Poata, Jodhpur Through Branch Head Shivlal Tapdiya, Head Office, Manji Ka Hatha, Poata Jodhpur.

----Respondent

For Petitioner(s) : Mr. Dinesh Vishnoi For Respondent(s) : Mr. S.S.Rajpurohit, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

23/11/2022

Learned counsel for the petitioner submits that the

documents for which the application under Section 391 of the

Cr.P.C. has been preferred are essential for the just decision of the

case as the entire accusation of the complainant is based upon

those documents and if the things are in the same tune as the

petitioner wants to submit then the conviction made by the trial

court would not sustain. Learned counsel submits that even at the

stage of appeal, the additional evidence can be allowed if it is

essential for the just decision of the case. He places reliance upon

the judgment passed by the Hon'ble Supreme Court in the case of

Zahira Habibulla H. Sheikh & Ors. Vs. State of Gujarat & Ors.

reported in (2004) 4 SCC 158. The matter requires consideration.

Issue notice, returnable in four weeks. In the meanwhile,

further proceedings in Criminal Appeal No. 210/2021 pending

(2 of 2) [CRLMP-6428/2022]

before Additional Sessions Judge No.6, Jodhpur Metropolitan, shall

remain stayed.

(FARJAND ALI),J 30-RP/-

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