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2018 (1) TMI 743 - HC - Indian LawsOffence under Section 138 of the Negotiable Instruments Act - deposit of cheque by way of security - admission of additional evidence - Held that: - the Appellate Court if it thinks additional evidence is necessary, shall record its reasons and may either take such evidence itself or direct it to be taken by the trial Court - The Appellate Court allowed the said application on the application of respondent and more particularly on the basis of the observations made by the Trial Court while convicting the appellant. Thus, respondent/appellant intends to controvert the observation made by the Trial Court while convicting the respondent by adducing the purported evidence. The application was not within the spirit and scope of Section 391 of the Cr.P.C. The accused did not enter into witness box nor she intended to examine any witness after her statement under Section 313 of the Cr.P.C. The question of recording additional evidence cannot be allowed as a routine manner. The person who wants to lead additional evidence has to establish his case that at the relevant time, he or she did not get opportunity to lead evidence or there should be sufficient cause for leading additional evidence - In the present case, in her statement under Section 313 of Cr.P.C. specifically the accused refused to examine himself or any witness. The application is, therefore, not bonafide. Petition allowed.
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