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january 2024

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.

AJITSINH CHEHUJI RATHOD vs THE STATE OF GUJARAT · Niyam