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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUKHVINDER KAUR
Bhupinder Singh – Appellant
Versus
Raj Kumar – Respondent
| Table of Content |
|---|
| 1. conviction for dishonoring cheque. (Para 1 , 2) |
| 2. seeks additional evidence for fair trial. (Para 4 , 5) |
| 3. dismissal of petition with remarks on appeal. (Para 6 , 7) |
JUDGMENT :
1. Present petition under Section 391 of the Code of Criminal Procedure has been filed by the accused-petitioner, who was convicted by the learned trial court under Section 138 of the Negotiable Instruments Act, 1881 (in short ‘the Act’) for dishonoring a cheque. He was sentenced to undergo simple imprisonment for a period of six months and to pay compensation of the amount equivalent to the cheque amount. The petitioner, aggrieved by the conviction and order of sentence, filed an appeal, which is currently pending before the learned Appellate Court. During the pendency of the appeal, the petitioner sought permission to place additional evidence before the learned Appellate Court by filing an application under Section 391 of Cr.P.C ., which was dismissed by the learned Appellate Court. Hence, the present revision before this Court.
3. Learned counsel for the petitioner contended that the learned lower Appellate Court had erred in dismissing the application. At the time of trial of complaint u
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 appellate court's power to admit additional evidence under Section 391 CrPC is limited to exceptional cases where justice necessitates it.
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 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 admission of additional evidence under Section 391 Cr.P.C. is justified only in exceptional circumstances where not doing so may lead to a miscarriage of justice.
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