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...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence - Necessity of additional evidence arises not only when it would be impossible to pronounce judgments but also when there would be failure of justice without it - Once such action is justified, there is no restriction on the kind of evidence which may be received - It may be formal or substantial - It should..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence - No corroboration to the statement of PW3 inspite of corroboration evidence being available - Conviction of accused on the existing evidence may not be justified - It is a fit case for directing additional evidence to be recorded on the basis of further investigation to be undertaken by I.O. - No prejudice..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Dishonour of cheque - Acquittal - Appeal against - Dismissal of complaint for failure to prove that complaint is filed by duly authorised person of partnership firm - Placing on record partnership deed - Held, complainant ought be granted..........
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...........
