https://www.taxtmi.com/caselaws?id=754097 In a prosecution under Section 138 of the Negotiable Instruments Act, additional evidence in appeal may be permitted under Section 391 CrPC where it is essential to secure the ends of justice and avoid failure of justice. The court noted that the accused may rebut the statutory presumption through cross-examination and defence evidence, and that the complainant had not been cross-examined while a material transaction involving the complainant's mother remained unexplained on the record. The request to recall the complainant for cross-examination and to examine the complainant's mother as an additional witness was allowed. en-us Tue, 04 Jun 2024 00:00:00 +0530 Mon, 17 Jun 2024 10:17:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=754097 In a prosecution under Section 138 of the Negotiable Instruments Act, additional evidence in appeal may be permitted under Section 391 CrPC where it is essential to secure the ends of justice and avoid failure of justice. The court noted that the accused may rebut the statutory presumption through cross-examination and defence evidence, and that the complainant had not been cross-examined while a material transaction involving the complainant's mother remained unexplained on the record. The request to recall the complainant for cross-examination and to examine the complainant's mother as an additional witness was allowed. Case-Laws Indian Laws Tue, 04 Jun 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=754097