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2018 (4) TMI 1878 - HC - Indian LawsDishonor of Cheque - evidentiary value of additional documents produced - HELD THAT:- The Appellate Court is having ample power for receiving the additional evidence subject to the condition that the Court should came to the conclusion that the additional evidence is necessary. With regard to the additional documents now submitted by the respondent, the learned Additional District Judge hold that the particulars of those documents are already mentioned in the reply notice sent by the respondent. Moreover, it was mentioned in the order, as the documents which are enclosed in the petitions are all relates to the year of 1997-1999. Further, it was identified by the learned Additional District Judge that the 11th document enclosed in the petition is a document certified by the competent court after seeing the original. Now, on going through the defense taken by the respondent in the Criminal Appeal is the alleged cheque pertaining to the Criminal Appeal is not handed over to the petitioner by the respondent directly. The said cheque goes to the hands of the petitioner only through one V.Madeswaran. The said defense was already mentioned in the reply notice sent to the revision petitioner - the particulars available with the additional documents are related with the defense taken by the respondent whereby taking the view of the learned Additional District Judge that those documents are necessary for disposing the Criminal Appeal does not warrant any interference. This Court came to the conclusion that the impugned order passed by the learned Additional District Judge, Nammakal is only within the legal frame work - Criminal Revisions are dismissed.
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