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    <title>2018 (1) TMI 743 - BOMBAY HIGH COURT</title>
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    <description>Section 391 CrPC confers an exceptional appellate power to admit additional evidence only when the court records reasons and is satisfied that the evidence is necessary in the interests of justice. It cannot be used to cure a party&#039;s omission at trial or to fill lacunae in the defence. In this Section 138 NI Act prosecution, the accused had full opportunity to lead evidence but did not do so, and the request for additional evidence was made only after conviction. The appellate order was therefore unsustainable and was set aside, leaving the conviction proceedings to continue without the additional evidence sought at appeal stage.</description>
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    <pubDate>Tue, 19 Dec 2017 00:00:00 +0530</pubDate>
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      <title>2018 (1) TMI 743 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=354007</link>
      <description>Section 391 CrPC confers an exceptional appellate power to admit additional evidence only when the court records reasons and is satisfied that the evidence is necessary in the interests of justice. It cannot be used to cure a party&#039;s omission at trial or to fill lacunae in the defence. In this Section 138 NI Act prosecution, the accused had full opportunity to lead evidence but did not do so, and the request for additional evidence was made only after conviction. The appellate order was therefore unsustainable and was set aside, leaving the conviction proceedings to continue without the additional evidence sought at appeal stage.</description>
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      <pubDate>Tue, 19 Dec 2017 00:00:00 +0530</pubDate>
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