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2020 (2) TMI 1648 - HC - Indian LawsDishonor of Cheque - Whether the application moved by the accused under Section 391 of Cr.P.C., to lead additional evidence is maintainable or not? - HELD THAT:- The reading of Section 391 of Cr.P.C., as well as the law laid down by the Hon'ble Supreme Court in the aforesaid judgments clearly leads to form an opinion that the legislative intent in enacting Section 391 appears to be the empowerment of the appellate court to see that justice is done between the parties and if the appellate Court finds that certain evidence is necessary in order to enable it to give a correct and proper findings, it would be justified in allowing further evidence under Section 391. But, it is also clear that such power must be exercised "sparingly" and only in "exceptional suitable cases where the court is satisfied that directing additional evidence would serve the interests of justice". That being the position, this Court is of the view that the application filed by the revisionist/accused under Section 391 of Cr.P.C., is maintainable. In the case at hand, initially the revisionist had moved an application under Section 311 of Cr.P.C., which the revisionist, by way of another application, prayed to be read as moved under Section 391 of Cr.P.C. This Court has carefully perused the said application. The revisionist has failed to even plead the necessary ingredients of Section 391 Cr.P.C. There is no averment in the application that the document i.e. specimen signature sought to be relied upon by the revisionist is necessary in the present case. Further, there is no pleading that not summoning the specimen signatures from the bank for verification by handwriting expert in the appeal would lead to failure of justice. This court is of the considered view that the revisionist had not filed any additional evidence by moving an application under Section 391 Cr.P.C. Though he could not succeed in this effort but he became successful in delaying the disposal of appeal - Revision dismissed.
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