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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA
S.Satyvathi – Appellant
Versus
K.Venkateswarlu – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash dismissal of evidence application. (Para 1 , 3) |
| 2. arguments presented by petitioner and respondent regarding evidence. (Para 4 , 5) |
| 3. conditions for admitting additional evidence under section 391 cr.p.c. (Para 8 , 14) |
| 4. court's considerations on additional evidence and existing case law. (Para 10 , 11 , 12 , 13) |
| 5. court allows criminal petition to admit additional evidence. (Para 15) |
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.22 of 2023 in Crl.A. No.859 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 petitioner 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 petitioner herein and the trial cour
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.
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.
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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