Evidence Act, 1872, Section 65, Criminal Procedure Code, 1973, Section 391, 91 -- Secondary evidence - Photocopy of document neither certified copy nor it is a copy made from original by mechanical process which ensure the accuracy of copy - It cannot be termed as secondary evidence - Application rightly rejected...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 391 -- Dishonour of cheque - Additional evidence at belated stage - Additional evidence at belated stage is permissible but such power is to be exercised sparingly and only in exceptional cases in the interest of justice...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence - Merely because additional evidence is permitted to be recorded by trial Court it does not mean that opinion has been expressed by appellate Court, even impliedly, on admissibility and reliability of said additional evidence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 397, 401 -- Dishonour of cheque - Conviction - Dismissal of application for additional evidence at appellate stage - Revision thereagainst also dismissed - Appellate Court was required to dispose of appeal on merits and could not have remanded the case to the trial Court - Impugned..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence - Invocation of S.391 Cr.P.C. is justified when circumstances are essential to the elucidation of truth...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - No limitation is prescribed before Appellate Court to entertain an application - Objection of complainant that application was filed by accused after about 4 years of filing of appeal is not sustainable...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Accused by his application for additional evidence, in his defence, wants to prove his innocence - It cannot be said that accused is trying to fill up a lacuna - Application allowed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Comparison of signatures by handwriting expert - No specific plea taken by accused as to amount, date and beneficiary name in the disputed cheque - Even no prayer was made by accused as to on what aspect handwriting expert would..........
Criminal Procedure Code, 1973, Section 311, 315, 391 -- Calling of witnesses in appeal - Additional evidence can only be allowed to be taken if the Court feels that recording thereof is essential for just decision of the case - Dismissal of application by holding that evidence of such witnesses was not at all essential for just and correct decision of the case but rather..........
Criminal Procedure Code, 1973, Section 391 -- Scope - Provision of S.391 Cr.P.C. is only meant to give opportunity to concerned party for leading such additional evidence which could not have been recorded despite due diligence having been exercised by the party seeking such opportunity and owing to the circumstances beyond its control...........
