Additional evidence in appeal cannot be used to fill defence lacunae or change strategy after trial under Section 391 CrPC.

Section 391 CrPC is an exceptional appellate power and can be used only to serve the ends of justice and clarify the truth; it cannot be invoked to fill gaps in the defence or improve a case after trial. In a cheque dishonour context, the accused had not replied to the statutory notice, had declined to lead defence evidence at trial, and sought in appeal to examine himself for a new and enlarged defence to rebut the Section 139 NI Act presumption. The request was therefore refused because it would cure a deliberate omission in the defence strategy rather than supplement the trial record.

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Issues: Whether the accused should be permitted under Section 391 of the Code of Criminal Procedure, 1973 to adduce additional evidence in appeal by examining himself in order to rebut the presumption under Section 139 of the Negotiable Instruments Act.

Analysis: Section 391 of the Code of Criminal Procedure, 1973 is an exceptional provision and may be invoked only where additional evidence is necessary to meet the ends of justice and to elucidate the truth, not to fill lacunae in the defence or to improve a case after trial. The accused had not replied to the statutory notice, had declined to lead defence evidence at trial, and had restricted his defence to certain documents already brought on record. The proposed evidence in appeal was found to be a new and enlarged defence, not a continuation of the trial record, and the appellate power under Section 391 could not be used to cure a deliberate omission in the defence strategy.

Conclusion: The application for additional evidence was rightly refused and the accused was not entitled to adduce further evidence in appeal.

Ratio Decidendi: The appellate power to take additional evidence under Section 391 of the Code of Criminal Procedure, 1973 is discretionary and must be exercised only to serve the ends of justice, not to fill lacunae or permit a party to improve or change its defence after trial.

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