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MANOJ KUMAR GARG
Rakesh Pujari S/o Ashok Kumar – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
1. The present revision petitions under Section 397/401 Cr.P.C have been filed against the order dated 13.11.2024 passed by learned Additional Sessions Judge NO.2, Jodhpur metropolitan whereby, the application preferred by the petitioner under Section 391 Cr.P.C. for adducing evidence was dismissed.
2. Brief facts of the case are that the respondent lodged a complaint under Section 138 of the Negotiable Instruments Act, against the petitioner, whereupon a case bearing no. 75/2015 came to be registered against him before the learned Special Metropolitan Magistrate (N.I. Act Cases) No.4, Jodhpur metropolitan. After due course of trial, the learend trial court convicted the petitioner for offence under Section 138 of N.I. act vide judgment dated 13.02.2019. Thereafter, the petitioner preferred an appeal before the court of Sessions Judge, Jodhpur metropolitan being Appeal No.22/2019. During the pendency of criminal appeal, the petitioner filed an application under Section 391 Cr.P.C. for examination of cheque and again recording the statement of complainant Jitendra Acharya. The learned appellate court dismissed the said application vide order dated 13.11.2024. Hence, this re
The appellate court's power to admit additional evidence under Section 391 CrPC is limited to exceptional cases where justice necessitates it.
The main legal point established in the judgment is that the power to record additional evidence under Section 391 Cr.P.C. should only be exercised when the party making such request was prevented fr....
The central legal point established in the judgment is that the power to record additional evidence under Section 391 CrPC should be exercised with caution and circumspection, and the party seeking t....
The court reaffirmed that additional evidence under Section 391 of the Cr.P.C. can only be admitted if it was unavailable during trial despite due diligence, ensuring a fair adjudication process.
The power to record additional evidence under Section 391 of Cr.P.C. should only be exercised in exceptional circumstances and when the party was prevented from presenting evidence despite due dilige....
The appellate court's power to admit additional evidence under Section 391 Cr.P.C. is limited to exceptional cases where justice necessitates it, not as an afterthought post-trial.
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