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2023 (6) TMI 893 - HC - Indian Laws


Issues involved:
The petitioner sought to set aside an order dismissing their application under Section 391 Cr.P.C. by the Additional Sessions Judge, Chandigarh in a Criminal Appeal.

Details of the Judgment:

Issue 1: Application under Section 391 Cr.P.C. for additional evidence
The petitioner contended that the trial Court failed to appreciate the scope of Section 391 Cr.P.C. The petitioner argued that the respondent charged commission/brokerage but did not produce complete records. The petitioner sought to adduce further evidence by calling for the record/account of shareholding. The petitioner emphasized the necessity of these records for the case. The Appellate Court declined the application, leading to the present petition.

Issue 2: Jurisdiction under Section 391 Cr.P.C.
The Court noted that the petitioner was convicted under Section 138 of the Negotiable Instruments Act and filed an appeal. The petitioner then applied for additional evidence under Section 391 Cr.P.C. The Court observed that the complainant was a SEBI registered company and the petitioner was a client. The petitioner was given opportunities to present evidence but failed to produce essential records. The Court highlighted the significance of the deposition of a witness in the case.

Conclusion:
The Court cited legal precedents emphasizing caution in exercising powers under Section 391 Cr.P.C. It was noted that the Appellate Court has the authority to admit additional evidence if necessary for a just decision. However, in this case, the petitioner failed to demonstrate the essentiality of the additional evidence requested. The Court found the appeal without merit and upheld the decision of the Appellate Court, dismissing the present petition.

 

 

 

 

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