LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kalyan   09 September 2019

Ni 138--clarification on arguments

Dear Sir,

There were few things that got over looked in trial court in an NI 138 case and now it is at the arugments stage at the sessions court, without adding any external evidence can we inlcude and further our arguments from that perspective, will the court allow this if so under what provision, as I doubt the counsel for the oppossition will definitely object saying this was not brought out during trial, this is a very important evidence and can turn the case around, plz advice.




 2 Replies

Vinit Nair (Advocate Vinit Nai   10 September 2019

you must have got ample amount of time to bring it in trail. Now at appeal stage if you want to adduce additional evidence you have to file an application u/s 391 of CrPC, if court deems fit, court may allow you.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     07 November 2019

1.  YES, any application for additional evidence at appeal /revision stage, will be opposed by accused party and usually is not allowed.

2. You can twist the matter and indirectly put your arguments to cause "remand back" of matter for fresh trial, wherein you can achieve your objectives.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads