https://www.taxtmi.com/caselaws?id=446986 In a Section 138 Negotiable Instruments Act prosecution, defence evidence cannot be received by affidavit in place of examination-in-chief, even though the complainant may depose by affidavit. An acquittal based on such impermissible defence evidence was held unsustainable, and interference with the appellate acquittal was justified. The request under Section 391 CrPC to adduce additional evidence, including examination of a handwriting expert and production of the report, was allowed because the matter was being remanded and proper proof of evidence was required for fair adjudication. The complaint dismissal at appellate stage was set aside and the matter remitted for fresh consideration in accordance with law. en-us Fri, 08 Dec 2023 00:00:00 +0530 Sat, 16 Dec 2023 09:56:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=446986 In a Section 138 Negotiable Instruments Act prosecution, defence evidence cannot be received by affidavit in place of examination-in-chief, even though the complainant may depose by affidavit. An acquittal based on such impermissible defence evidence was held unsustainable, and interference with the appellate acquittal was justified. The request under Section 391 CrPC to adduce additional evidence, including examination of a handwriting expert and production of the report, was allowed because the matter was being remanded and proper proof of evidence was required for fair adjudication. The complaint dismissal at appellate stage was set aside and the matter remitted for fresh consideration in accordance with law. Case-Laws Indian Laws Fri, 08 Dec 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=446986