TMI Blog2013 (12) TMI 1729X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt invoking Article 227 of the Constitution of India questioning the order dated 07/06/2013 passed below application Exh.66 in Criminal Case No.521 of 2011 by the learned Chief Metropolitan Magistrate (NIA), Court No.28, Ahmedabad, rejecting the application of the petitioner to bring the affidavits of third parties on record of the case in rebuttal to the statements made by accused under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es by the accused for rebutting the allegations made against him and then option of the accused either to lead evidence in defence or to explain the incriminating circumstances under Section 313 of Cr.PC. It also cannot be disputed that statement under Section 313 is required to be appreciated by the Courts keeping in view the evidence on record. Concededly, the accused did not adduce the evide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be recorded and before that, defence had adduced certain evidence and it is at that point of time that the application for additional evidence came to be made by the appellant before the Hon ble Apex Court explaining the circumstances therefor. The facts of that case and the present case do not warrant any comparison. The Courts below rightly found that the case under Section 138 of the NI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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