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3. Pending appeal, the petitioner has filed C.M.P.No.108 of 2017 under Section 315 of Cr.P.C. praying to permit him to adduce evidence on his behalf in the appeal. The petitioner has also filed C.M.P.No.109 of 2017 under Section 391 of Cr.P.C. praying to permit him to examine additional witness, namely Palaniammal, and to mark the certified copy of Form-A issued to Shri Nalinam Finance.

10. I have considered the submissions made by the learned counsel appearing on either side and also perused the materials available on record.

11. In C.M.P.No.108 of 2017, the petitioner sought permission of the http://www.judis.nic.in Court to adduce evidence on his behalf in the appeal filed in C.A.No.10 of 2017. C.M.P.No.108 of 2017 was objected by the respondent contending that despite sufficient opportunity granted by the trial Court, the petitioner has not availed of the same and in order to drag on the appeal proceedings, he has filed the petition under Section 315 of Cr.P.C. and the appellate Court has righly dismissed the petition.

15. At the same time, since Section 315 of Cr.P.C. has not prescribed any time limit, the petition filed invoking Section 315 of Cr.P.C., is not hit by http://www.judis.nic.in any legal bar expressly, on the ground that it is belated. By reading the language used in the Section 315 of Cr.P.C., this Court is of the view that when the accused seeks for accommodation to let in evidence by himself, and such permission is also sought for by invoking Section 315 of Cr.P.C., such opportunity would not normally be denied.

16. The language used in Section 315 of Cr.P.C., more particularly that the accused of offence before a Criminal Court shall be a competent witness for the defence and also the words used in Section 315(1)(a) that except on his own request in writing, underline the importance of giving opportunity to the accused, whenever he/she seeks such a permission by filing petition in writing, invoking Section 315 of the Code.