THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos. 3352 and 3354 of 2009 COMMON ORDER: Since the subject matter is one and the same in both these criminal petitions, they are being disposed of by this common order. The petitioners approach the Court with a prayer to set aside the orders passed by the learned Sessions Judge dated 24.03.2009 whereby the learned Sessions Judge dismissed the applications filed by the petitioners under Section 391 of Cr.P.C. for adducing further evidence at the time of appeal. The brief facts of the case are as follows: That the petitioners, who arrayed as accused are tried by the trial Court for an offence under Section 138 of the Negotiable Instruments Act. The petitioners approach the Sessions Court on a conviction by the learned Magistrate, by preferring an appeal against the conviction. While pendency of the appeal, the petitioners filed the applications under Section 391 Cr.P.C. for adducing further evidence by which they want to mark document in O.S.No.19 of 2004. The learned Sessions Judge after hearing the arguments passed an order against the petitioners herein. The learned Sessions Judge has taken into consideration the following facts: 1. The suit was filed in the year 2002, whereas the conviction and sentence imposed by the trial Court was in the year 2007. The petitioners have not taken any steps to mark the said documents during the course of trial; 2. Further from the lower court record, it is seen that the petitioners have not taken any efforts even to inform the trial Court regarding the pendency of the original suit. Learned counsel for the petitioners submitted that the petitioners due to communication gap would not inform the trial Court regarding the pendency of the civil suit, but it is seen from the records that the petitioners filed their written statement in the said suit on 17.10.2004 itself. Hence, it is very clear that the petitioners are aware of the pendency of the case in civil court. Considering the above said facts, the learned Sessions Judge dismissed the applications filed by the petitioners on the ground that the present petitions are devoid of merits and it is with an intention to drag the matter for some more years before the appellate Court. This court is of the view that there is nothing to interfere with the orders passed by the learned Sessions Judge. Hence, the present petitions are dismissed for devoid of merits. In any event, the learned counsel for the petitioners submitted that the presence of the petitioners may be dispensed before the appellate Court. This Court is of the view that there is no necessity of the appearance of the appellants before the appellate Court since there is no question of identity of the appellants or their examination. In view of the same, the petitioners presence before the appellate Court is dispensed with. ___________________ JUSTICE RAJA ELANGO 29th July 2010 Rns