PRASHANT SHAH Vs. HOTEL CLARK AMER

JUDGEMENT

(1.) Counsel for the petitioner contends that documents were available with the complainant during course of the trial. Accused-petitioner made an attempt during the course of trial to prove those documents by filing an application under Section 311 Cr.P.C. Said application was dismissed by the trial Court.

(2.) Aggrieved against the same, petitioner approached this Court. This Court upheld the order passed by the trial Court holding that documents are not necessary for adjudication of the case under Section 138 of the Negotiable Instruments Act. The documents which the petitioner failed to prove and exhibit during course of the trial cannot be made subject matter of application under Section 391 Cr.P.C. which is only for leading additional evidence during pendency of the appeal. Relevancy of documents was rejected during course of the trial, therefore, same cannot be made relevant in appeal. Hence, the Court below has rightly dismissed the application of the petitioner.

(3.) Counsel for the petitioner has relied upon J. Durgeshwar Reddy Vs. State of A.P., 1984-1997 DCR(3) 313, to contend that the Court can always summon the documents as additional evidence to ward off failure of justice. This plea has already been determined upto the High Court during course of the trial. Hence, judgment rendered in J. Durgeshwar Reddy (supra) is distinguishable.