Additional evidence on partnership authority allowed in cheque dishonour complaint, leading to remand for fresh adjudication.

In a complaint under Section 138 of the Negotiable Instruments Act, where the complainant's partnership status and authority to institute proceedings were in dispute, additional evidence under Section 391 CrPC may be permitted to place the partnership deed, resolution and authorisation on record. The court accepted that these foundational facts could be proved at the appellate stage, set aside the acquittal and remanded the matter for fresh adjudication after allowing evidence on partnership and authorisation.

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Issues: Whether the appellant was entitled to lead additional evidence under Section 391 of the Code of Criminal Procedure, 1973 to place on record the partnership deed and authorization documents, and whether the acquittal in the complaint under Section 138 of the Negotiable Instruments Act was liable to be set aside and the matter remitted for fresh decision.

Analysis: The impugned acquittal had rested on the absence of proof regarding the firm's registration and the authority of the person who instituted the complaint on behalf of the firm. The additional documents sought to be produced were the partnership deed, a resolution showing the managing partner, and an authorization letter empowering the complainant's representative to take steps in the matter. The controversy was treated as covered by the earlier decision in a similar matter, where permission was granted to place the partnership deed on record and the complaint under Section 138 was not rejected merely on the ground of non-registration of the firm. In the present case, the Court accepted that the appellant should be given an opportunity to prove the partnership and due authorization.

Conclusion: The application for additional evidence was allowed, the acquittal was set aside, and the matter was remanded to the trial court to permit evidence on partnership and authorization and to decide the complaint afresh.

Ratio Decidendi: In a complaint under Section 138 of the Negotiable Instruments Act, where the issue is the complainant's partnership status and authority to institute proceedings, the appellate court may allow additional evidence to establish those foundational facts and remit the matter for fresh adjudication.

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