Supreme Court of India · 2024-01-29
Ajitsinh Chehuji Rathod vs The State Of Gujarat
- Court
- Supreme Court of India
- Petitioner
- Ajitsinh Chehuji Rathod
- Respondent
- The State Of Gujarat
- Author
- B.R. Gavai
- Bench
- B.R. Gavai
Judgment text excerpt
The Supreme Court upheld the rejection of the appellant's application under Section 391 of the CrPC for additional evidence in a case concerning dishonor of a cheque under Section 138 of the Negotiable Instruments Act, 1881. The Court reiterated that such power should only be exercised when evidence could not be presented during the trial despite due diligence or if new facts emerged during the appeal. The Court found that the appellant had failed to demonstrate that he was prevented from presenting evidence during the trial, thus affirming the lower court's decision.