https://www.taxtmi.com/caselaws?id=414664 In a Section 138 Negotiable Instruments Act complaint, the appellate court's power to admit additional evidence under Sections 391 and 311 CrPC is broad but controlled by fairness: it may be exercised when the evidence is necessary for a just decision, does not change the nature of the defence, is not merely to fill a lacuna, and causes no prejudice to the other side. Bank statements were treated as documentary evidence relevant to the financial transactions, source and repayment of funds, and the complainant would still have an opportunity to cross-examine the witness. The appellate order permitting additional evidence was therefore upheld and found lawful. en-us Tue, 05 Oct 2021 00:00:00 +0530 Mon, 15 Nov 2021 09:06:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=414664 In a Section 138 Negotiable Instruments Act complaint, the appellate court's power to admit additional evidence under Sections 391 and 311 CrPC is broad but controlled by fairness: it may be exercised when the evidence is necessary for a just decision, does not change the nature of the defence, is not merely to fill a lacuna, and causes no prejudice to the other side. Bank statements were treated as documentary evidence relevant to the financial transactions, source and repayment of funds, and the complainant would still have an opportunity to cross-examine the witness. The appellate order permitting additional evidence was therefore upheld and found lawful. Case-Laws Indian Laws Tue, 05 Oct 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=414664