Farad Continuation Sheet No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO.2775 OF 2008 (TINKU SURENDRA SNGH CHAWLA Vs. SAINI TYRES.) ________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri N.K.Dwivedi, Advocate for applicant. Shri S.V.Gore, Advocate for Respondent. CORAM : R.C.CHAVAN, J. DATED : NOVEMBER 26, 2008. 1. By this application under Section 482 read with Section 397 of the Code of Criminal Procedure the applicant, original accused before the learned Judicial Magistrate First Class, Nagpur in Summary Criminal Case No. 92212/2005, seeks quashing and setting aside of appellate order passed by learned Additional Sessions Judge, Nagpur on his appeal, partly allowing the appeal, directing the appellant to pay costs of Rs.Three Thousand and remanding the matter back to the trial Court for fresh inquiry and decision. 2. The learned counsel submits, and rightly, that in his appeal the learned Additional Sessions Judge has given liberty to the complainant to fill in lacunae, which the complainant might have left in the trial. He, therefore, states that the order of remand ought to be set aside and the learned Additional Sessions Judge should be directed to hear the appeal on merits. He states that he does not press his request before the Sessions Judge to tender any additional evidence. 3. The learned counsel for the respondent states that upon remand his client had tendered application Exh.29 on which the learned Magistrate has even exhibited some documents. Since the respondent had not at all approached the appellate Court and sought to tender any additional evidence, the respondent can not seek any indulgence from this Court, since the respondent has not approached this Court. 4. In view of this, the impugned judgment and order passed by the learned Additional Sessions Judge is quashed and set aside. 5. The learned Additional Sessions Judge shall hear the appeal on merits and decide it on the basis of evidence, as was tendered prior to the conviction recorded by the learned Judicial Magistrate First Class, Nagpur. The application is disposed of accordingly. JUDGE RR.