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2021 (11) TMI 445 - PUNJAB & HARYANA HIGH COURTDishonor of cheque - power of appellate court to allow additional evidence at appellate stage - Discharge of burden to prove payment - HELD THAT:- It is well settled principle of law as held by the Hon'ble Supreme Court in the judgment RAMBHAU & ANR. VERSUS STATE OF MAHARASHTRA [2001 (4) TMI 937 - SUPREME COURT], that the Appellate Court has wide power under Section 391 Cr.P.C. to allow additional evidence even at an appellate stage subject to the condition that the same is not going to cause any prejudice to the accused or amounts to re-trial or change the nature of the case of the accused or not to fill up the lacuna but to serve the ends of justice - It is also held by the Hon'ble Supreme Court that the Appellate Court can take additional evidence to rectify irregularity committed by the prosecution but not to rectify a defect and lacuna in the prosecution. The same principles of law is applicable for leading the defence evidence. In the instant case though, the initial burden was on the petitioner/complainant to prove the payment and receipt of the part payment, however, the trial Court has put up the onus on the complainant by observing that he has failed to prove his stand by not adducing any cogent evidence. The complainant has also admitted that a repayment of ₹ 11.00 lacs out of total ₹ 35.00 lacs was done by the accused through RTGS, however, the petitioner/complainant did not lead any specific evidence to prove whether the repayment of ₹ 11.00 lacs was against the amount advanced through cheques or through RTGS and the trial Court has wrongly put the onus on the accused whereas it was for the complainant himself to prove this fact while leading the evidence. Petition dismissed.
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