Supreme Court of India · 2024-01-29
AJITSINH CHEHUJI RATHOD vs THE STATE OF GUJARAT
- Citation / case number
- SC 2023/50878
- Court
- Supreme Court of India
- Petitioner
- AJITSINH CHEHUJI RATHOD
- Respondent
- THE STATE OF GUJARAT
- Author
- SANDEEP MEHTA B.R. GAVAI
- Bench
- HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE 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 the power to record additional evidence should only be exercised when a party is prevented from presenting evidence during the trial despite due diligence or when new facts arise during the appeal. The Court found no merit in the appellant's claims regarding the need for handwriting analysis and notice delivery, affirming the lower court's decisions.