moved another
application and prayed to amend the Section of the
application as Section 391 of Cr.P.C. instead of Section
311 of ... analysis of the
Civil Procedure Code, Section 391 is thus akin
to Order 41 Rule 27 of the Civil Procedure
Code."
32. In view
matter of obtaining additional evidence in terms of Section 391 of the Code of Criminal Procedure. A plain look at the statutory provisions (Section 391 ... applicant, it would be useful to reproduce Section 391 of the Code of Criminal Procedure:-
"391. Appellate court may take further evidence or direct
SRIDEVI
CRIMINAL REVISION CASE No. 1387 of 2019
ORDER :
1. The present Criminal Revision Case is filed under Sections
397 and 401 ... appeal, the revision petitioner/accused filed Crl.M.P.No.1664 of
2019 under Section 391 Cr.P.C. to take further evidence or direct
under Section
391 of Code of Criminal Procedure (hereinafter referred to as
' Cr.P.C ' for short) for adducing additional evidence and
subsequently ... order on the said applications is incorrect and
against the procedure under Section 391 of Cr.P.C.
9. For convenience, the definition of Section
2013
under Section 138 N.I. Act, whereby, the learned court has rejected the
application of the petitioner filed under Section 391 ... security, dishonour of which cannot attract Section 138 N.I. Act.
5. Section 391 Cr.P.C, reads as under:-
"391. Appellate Court
Crl.
Appeal no. 148/2019, decided on 24.01.2019.
32. It is pertinent to mention that Section 391 Cr.PC
provides as under :
"391. Appellate ... evidence in terms of Section 391 of the
Code of Criminal Procedure. A plain look
at the statutory provisions (Section 391)
would reveal the same
cure the irregularity. The primary object of the provisions
of Section 391 Criminal Procedure Code is the prevention
of a guilty man's escape ... meet the ends of justice. However, the provisions of
Section 391 Criminal Procedure Code cannot be pressed
into service in order to fill up lacunae
appellate stage, the accused
filed a petition under Section 391 Cr.P.C., for letting in additional
evidence for the purpose of marking some receipts ... complainant and confirmed the order passed by the appellate
Court under Section 391 Cr.P.C. Before the appellate Court, the
accused examined himself
produce those documents and,
therefore, they sought permission under Section 391 of Code of
Criminal procedure.
::: Uploaded on - 04/03/2020 ::: Downloaded ... exercising the discretion that is with
him under Section 391 of Code of Criminal Procedure to allow the
petitioners to lead any evidence
Chapter XXIX of the Code of Criminal
Procedure , 1973 deals with "Appeals". Section
391 Cr.P.C. empowers the Appellate Court to take ... Section 391(1) are "if it
thinks additional evidence to be necessary". The word
"necessary" used in Section 391
