Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Accused failed to examine even a single witness even after availing four opportunities - No explanation why he did not lead evidence on said dates - However, in the interest of justice one opportunity given to accused to lead his entire..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Belated stage - Additional evidence sought to be produced and proved after final hearing of the case - But complainant has got an explanation that document was given by him to his advocate and it got misplaced in another case bundle -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence during pendency of appeal filed against order of conviction - To prove statement of accounts and books of account - Income tax return sought to be produced in additional evidence could have been proved during trial by summoning record from..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Acquittal - Leave to appeal - Application for leading additional evidence - Documents now sought to be produced not produced in the trial Court - Once an opportunity was availed by complainant and evidence was led then complainant cannot be allowed to place on..........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Additional evidence at appellate stage - Dishonour of cheque - Documents sought by accused to demonstrate that cheque was drawn by way of security only and to contest the quantum of liability of which cheque was already drawn - Omission to produce said documents before trial Court..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Repeat of pen in the amount written in figures - No alteration of any kind in the amount filled up in words - Only defence in the case is that cheque in question is only a security cheque - Keeping this assertion in view, the amount mentioned in the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Appeal against acquittal - Additional evidence at appellate stage - Complainant sought to produce income tax return and order of conviction of accused in some other cases for dishonour of cheque - Additional evidence, if considered does not improve the case of..........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Additional evidence at appellate stage - Dishonour of cheque - Second application moved by accused u/s 391 Cr.P.C on the same issue without any material change after 7 months of rejection of first application u/s 391 Cr.P.C - However, Appellate Court proceeded to allow the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Application filed U.O.7.R.14 CPC by mentioning wrong provision of law - Application cannot be dismissed solely on the ground that wrong provision of law has been mentioned - S.311 Cr.P.C. deals with power of Court to summon material..........
Criminal Procedure Code, 1973, Section 311, 391, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Additional evidence at appellate stage - On the ground that he was not medically fit during period cheque was issued - Application u/s 311 Cr.P.C. cannot be allowed for recalling of complainant and to put him medical record, which accused can otherwise..........
