Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Application u/s 391 Cr.P.C cannot be decided without entering into merits and demerits of appeal - Before opening of an appeal for final hearing, application for additional evidence would be pre-mature exercise and it would unnecessarily prejudice rights of parties - If appellate Court..........
Criminal Procedure Code, 1973, Section 311, 391 -- Recall of witness - Mere mentioning of the fact that accused was not medically fit in his statement u/s 313 Cr.P.C., does not affect his right to lead additional defence evidence...........
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..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - There are no fetters on the power u/s 391 Cr.P.C. of the Appellate Court - All powers are conferred on the Court to secure ends of justice - Ultimate object of judicial administration is to secure ends of justice - Court exists for rendering justice to the people...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence - Necessity of additional evidence cannot be enlisted or enumerated in any fixed formula - It depends on facts of each and every case to come to a conclusion as to whether it is necessary to take additional evidence or not...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Due to lapse on the part of appellant and his counsel second Trust Deed, which was basis for taking steps for sale of the sale could not be proved - Such document ought to have been permitted to be proved to arrive at the conclusion to find out the criminal intent, if any, on the part of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 311 -- Dishonour of cheque - Loan transaction - Source of money - Additional evidence at appellate stage - Income tax returns and agreement to sell sought to be produced by complainant to show source and his capacity to advance loan to accused - Documents in question are..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Evidence sought to be produced is necessary - Petitioner has made out a case for taking additional evidence in appellate stage - He thus, permitted to adduce additional evidence at appellate stage - Application allowed - Directions issued...........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Application for leading additional evidence allowed - Dishonour of cheque - Complainant is in business of manufacturing and selling vehicles and their spare parts - During process of business, accused issued 20 cheques and same got dishonoured by bank - Evidence sought to be..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence - Appellate Court can refer to additional evidence only if same has been recorded as per S.391, Cr.P.C - Any material produced before Appellate Court to fill up gaps by either side cannot be considered by Appellate Court, more so, to reverse judgment of trial court...........
