IS IT POSSILBLE TO PRESENT CLINCHING EVIDENCE IN A CASE UNDER SECTION 138 OF THE NI ACT IN THE HIGH COURT IF IT HAS NOT BEEN DONE IN THE LOWER COURTS? IF YES THEN WHAT IS THE PROCEDURE?
PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 17 December 2010
your Q is not fully understood, pls explain the case fuuly in detail what happened in trail court,then sessions/h.c etc.,
THEN WE CAN ANSWER UR Q.
s k s k sarma (advocate) 18 December 2010
when your are having sustantial evidence in your client's favour you can pray the High court under its Section 482 Cr P C to revert the matter to lower court to look the matter a fresh after receive additional evidene
Ravikant Soni (LAWYER IN JAIPUR) 18 December 2010
Produce the evidence and pray to remand the case to the HIGH COURT.
barun (advocate) 19 December 2010
does a cheque bounce due to irrelevant/ different account number if yes any latest citation of sc.
sanket (Advocate) 19 December 2010
You will have to prefer an application u/s. 391 of Cr.PCbefore HIgh Court and pray for leading additional evidence before lower court. if the court is satisfied then you may lead evidence in trial court and it will form part of record but make sure you have good points to satisfy the High Court as to why this new evidence is necessary
Hemant Agarwal (firstname.lastname@example.org Mumbai : 9820174108) 20 December 2010
1. The "COMPLAINANT" is not entitled to produce any additional evidence, after the Trial Court has passed judgement.
2. HOWEVER, after the Trial Court Judgement, the ACCUSED is entitled for its defence, to produce ANY evidence (not produced or not available earlier), IF proper appeal petition is put up before the Higher Courts. BUT in matters u/s 138 N.I.Act, the higher courts will have to remand back the matter to the Trial Court, for Fresh / Additional / Continuity trial, based on the new (but) conclusive evidence being bought before the satisfaction of the higher courts.
Keep Smiling .... Hemant Agarwal