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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA
Saraswathi Rice Industries – Appellant
Versus
K. Bhagyalakshmi – Respondent
ORDER:
TIRUMALA DEVI EADA, J.
This Criminal Petition is filed by the petitioner-appellant-accused seeking to quash the order dated 25.07.2025 passed in Crl.M.P. No.20 of 2023 in Crl.A. No.41 of 2017 by the III Additional District Judge, L.B. Nagar, R.R. District, filed under Section 391 Cr.P.C., wherein the said petition was dismissed.
2. Heard Mr. V. Venkata Subramanyam, learned counsel for the petitioner and Sri A Ravinder Reddy, learned Senior Counsel, representing Sri Ch. Venkateshwara Reddy, learned counsel for the respondent No.1.
3. The case of the petitioners is that the de facto complainant has filed a case under Section 138 of the Negotiable Instruments Act (for short ‘NI Act’) before the trial court against the petitioners herein and the trial court has passed judgment of conviction against the petitioner without going into the material placed on record and that aggrieved by the said judgment, an appeal is filed before the appellate Court and the said appeal is pending vide Crl.A. No.41 of 2017 on the file of III Additional District Judge. In the said appeal, the petitioners have preferred an application under Section 391 Cr.P.C., praying the court to receive certain add
The court reinforced that under Section 391 Cr.P.C., additional evidence may be admitted to prevent failure of justice, emphasizing the need for fair consideration of crucial documents.
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.
Production of additional evidence – Appellate court ought not to have assumed things and drawn adverse inference as against documents that are proposed to be received in evidence.
The power to receive additional evidence under Section 391 of the Cr.P.C. should be exercised sparingly and only in exceptional cases where it is necessary for rendering substantial justice.
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