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1 - 9 of 9 (0.76 seconds)The Code of Criminal Procedure, 1973
Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
The Negotiable Instruments Act, 1881
Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
Ansaram Rambhau Yolve & Ors vs State Of Maharastra on 12 February, 1996
"14. From the provisions of Section 391 Cr.P.C., 1973 and ratio of
law laid down by the Apex Court, it emerges that Section 391(1)
Cr.P.C., 1973 empowers the Appellate Court, dealing with any
appeal under Chapter XXIX of Cr.P.C. either to take evidence itself
or direct it to be taken by the Courts subordinate to it, but after
recording the reasons, if it thinks that additional evidence is
necessary. Undoubtedly, the Courts are there for dispensation of
justice and necessary reasons for taking additional evidence at
appellate stage must be in the interest of justice and for a just and
proper decision of the Appellate Court, as not only the primary, but
sole purpose of judicial machinery, is to impart justice. Therefore,
provisions of this Section should be invoked only for the ends of
justice and not for any other reason. This Section is also not intended
to remedy the negligence or laches of the party. It is also settled that
Kali Ram vs State Of Himachal Pradesh on 24 September, 1973
6. The power of the Appellate Court to unsettle the order of acquittal on
the basis of re-appreciation of the evidence is subject to the settled law that where
two views are possible and out of the two, one points towards the innocence of
the accused, the view which favours the accused should prevail over the other
pointing towards his guilt. Furthermore, the trial Court has the additional
advantage of closely observing the prosecution witnesses and their demeanour,
while deciding about the reliability of the version of prosecution witnesses. (See
H.D. Sundara and others Vs. State of Karnataka, Criminal Appeal No.247 of
2011 decided on 26.09.2023; Kali Ram v. State of H.P., 1973 (2) SCC 808 and
Chandrappa and others v. State of Karnataka, (2007) 4 SCC 415).
State Of Haryana vs Ankit And Others on 6 July, 2023
A Division
bench of this Court in the judgment passed in State of Haryana Vs. Ankit and
others passed CRM-A No.3 of 2022 decided on 06.07.2023 has held that
presumption of innocence further gets entrenched on the acquittal of accused by
the trial Court.
Kewal Krishan vs Himachal Pradesh Road Transport & Anr on 15 March, 2021
The Himachal Pradesh High Court in Kewal Krishan v. State of H.P.
and another 2023(2) Cri.CC 455, speaking through Justice J.R. Dua has opined
as follows:
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