VidhiSangh

Supreme Court of India · 29/01/2024

AJITSINH CHEHUJI RATHOD versus STATE OF GUJARAT & ANR.

[2024] 1 S.C.R. 1083 · 2024 INSC 63

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Summary

An accused convicted under Section 138 of the Negotiable Instruments Act was not entitled to additional appellate evidence on his claimed forged cheque signature after failing to pursue that evidence at trial and leaving the trial court’s refusal of expert examination unchallenged. The appellate court could decide the postal-notice issue on the existing record.

Issues

  1. When may an appellate court admit additional evidence under Section 391 CrPC.
  2. Whether the accused’s proposed handwriting-expert and post-office evidence was necessary after the opportunities available at trial.

Provisions considered

Held

Result

The appeal was dismissed. The orders refusing additional evidence remained undisturbed, and the appellate court was to decide the notice issue on the existing record.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 1083.