NAVAL KISHORE Vs. KULDEEP SINGH KHARBANDA

JUDGEMENT

(1.) Rule. Heard forthwith. Shri Vivek Salathia, Advocate appears for the respondent.

(2.) Learned Counsel for the petitioner submitted that his application under Sec. 391 Crimial P.C. for tendering additional evidence, that too in the form of documentary evidence only, namely, to file and prove the income tax returns of the complainant, has been rejected on the ground that the petitioner had not availed of the opportunity to do so before the trial court or even before the appellate court for a number of years.

(3.) Learned Counsel for the petitioner has cited the decision of the Supreme Court in the case of K. Subramani Vs. K. Damodara Naidu, 2015 (1) Civil Court Cases 001 (SC) . He submitted that the income tax returns are official documents and there was a lapse in not calling them and hence the delay in filing the application for tendering additional evidence. According to him, the petitioner deserves to be given one last chance to produce the said documentary evidence on record irrespective of the assessment of those documents.