The appellate court may admit additional evidence under Section 391 Cr.P.C. if deemed necessary for justice, emphasizing the need for careful exercise of this discretion.

ORDER :

1. The present revision petition under Section 397/401 Cr.P.C has been filed against the order dated 07.12.2024 passed by learned Additional Session Judge, Women Atrocities cases, Bhilwara 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 petitioner was convicted and sentenced by the learned Special Judicial Magistrate No.2, Bhilwara in Criminal Case No.1954/2016 whereby, the petitioner convicted and sentence for offence under Section 138 of Negotiable Instruments Act. Being aggrieved the petitioner filed an appeal which is pending consideration before learned Additional Sessions Judge, Women Atrocities Cases, Bhilwara. During pendency of the appeal, the petitioner preferred an application underSection 391 Cr.P.C to record the statements of complainant Pramod and his son Nitigya Mansinghka arising out of FIR No. 274/2013 so also the copy of FIR and challan, however, the appellate court rejected the application vide order dated 07.12.2024. Hence, this revision petition.

3. Counsel for the petitioner submits that the appellate court has committed grave error of law in dismissing the application filed by the petitioner underSection 391 Cr.P.C inasmuch as the documents are vital for just decision of the case. It is argued that the complainant had filed a case against the petitioner for offence under Section 420 & 406 IPC in which the trial court had recorded the statement of PW/1 Pramod Mansinghkha and Nitigya Mansinghka and trial court had acquitted the petitioner. The petitioner is seeking to produce the statement of these two witnesses on record for just decision of the case, however, the appellate court mechanically dismissed the said application. It is prayed that dismissal of the application under Section 391 Cr.P.C to bring on record essential piece of evidence, will result into grave injustice to the petitioner and therefore, the same is liable to be allowed. Learned counsel placed reliance on judgment of Hon’ble Apex Court in the case of Brig. Sukhjeet Singh (Retd.) MVC Vs. State of U.P. & Ors.,2019 (1) CJ (Cri.) (SC) 137 and judgment of Division Bench Bench of this Court in the case of Pankaj & Anr. Vs. State of Rajasthan,2019 (2) CJ (Cri.) (Raj.) 1051.

4. Per contra, learned counsel for the respondent supported the impugned order and argued that after conclusion of trial, at the appellate stage, the petitioner is seeking to produce the said documents only with an intention to delay the matter. It is argued that the petitioner had every opportunity to produce the evidence at the time of trial before the learned Special Judicial Magistrate (N.I Act) Cases No.2, Bhilwara, but the petitioner failed to do so, nor did he file any application to bring the said evidence on record subsequently and now at the appellate stage, the petitioner has filed the application. Therefore, the appellate court has rightly dismissed the application filed under section 391Cr.P.C. which does not call for any interference from this Court. Learned counsel placed reliance on judgment of Hon’ble Supreme Court in the case of Mitthulal and Anr. Vs. State of M.P.,1975 3 SCC 529.

5. I have considered the rival contentions of the parties and carefully gone through the documents on record.

6. At the outset it is relevant to discuss section 391 of Crpc which is quoted herein below :-

“ 391. Appellate Court may take further evidence or direct it to be taken.-

(1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a Magistrate, or when the Appellate Court is a High Court, by a Court of Session or a Magistrate.

(2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the Appellate Court, and such Court shall thereupon proceed to d