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Review petition seeking permission to file evidence not filed earlier
15-May-2023 (In Cheque Bounce Law)
My chq was dishonoured but i still lost the case as my counsel did not submit the evidence of r mail correspondence for reasons known to him only. Npw, can i file review petition seeking permission to file evidence not filed earlier.
YES YOU CAN FILE THE CRIMINAL REVISION PETITION BEFORE THE LEARNED SESSION COURT AGAINST THE SAID ORDER/JUDGMENT OF LEARNED TRIAL COURT AND ALSO SEEK PERMISSION OF THE LEARNED SESSION COURT TO FILE EVIDENCE NOT FILED EARLIER AS PER SECTION 311 CRPC. SECTION 311 CRPC GIVES INHERENT POWER TO THE COURT TO RECALL THE WITNESS OR CALLED FOR MATERIAL WITNESS AT ANY STAGE OF PROCEEDINGS,
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Adv. Atul Barthwal
Delhi | 25+ Answers
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What is revision under section 397 of CrPC?
The Supreme Court held that the High Court, when hearing an appeal under Section 397 of the CrPC, does not act as a court of appellation and has no power to evaluate the evidence, except in cases where the lower court's ruling is incorrect. 01-Jan-2023
What is the limitation period of criminal cases?
If the punishment is only a fine, the term of imprisonment is six months.
Can revision be filed after 90 days?
Article 131 of the Limitation Act states that a petition for revision against a subordinate courts order or decree can be filed at High Court 90 days after such order or decree. The court may entertain civil revisions in certain situations where the revisionist has not been negligent. 20-Sept-2020
Is order 156 3 CrPC revisable?
It was held that, once a Section 156(3) application is decided, the magistrate court becomes functus officio. This is because it cannot interfere with the investigation. This order can be revised as it deals with a valuable legal right. 08-Mar-2023
It is the trial court before whom parties are required to put forward their evidence. But in three exceptional circumstances, additional evidence can be adduced before the appellate court, as provide Under Section 107(1)(d) read with Rule 27 of Order XLI of the Code.
Or.41 R.27 reads as follows:
“27. Production of additional evidence in Appellate Court. –
(1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the
Appellate Court. But if –
a) The court from whose decree the appeal is preferred has refused to admit evidence which ought to have been
admitted, or
(aa) the party seeking to produce additional evidence, establishes that notwithstanding the exercise of due diligence, such
evidence was not within his knowledge or could not, after the exercise of due diligence, be produced by him at the time
when the decree appealed against was passed, or
(b) the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce
judgment, or for any other substantial cause, the Appellate Court may allow such evidence or document to be
produced, or witness to be exam med.
(2) Whenever additional evidence is allowed to be produced, by an Appellate Court, the court shall record the reason for its admission.
“It is against the spirit of the Code to allow a party to adduce additional evidence without fulfillment of either of the three conditions mentioned in Rule 27,”
Or.41 R.27 reads as follows:
“27. Production of additional evidence in Appellate Court. –
(1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the
Appellate Court. But if –
a) The court from whose decree the appeal is preferred has refused to admit evidence which ought to have been
admitted, or
(aa) the party seeking to produce additional evidence, establishes that notwithstanding the exercise of due diligence, such
evidence was not within his knowledge or could not, after the exercise of due diligence, be produced by him at the time
when the decree appealed against was passed, or
(b) the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce
judgment, or for any other substantial cause, the Appellate Court may allow such evidence or document to be
produced, or witness to be exam med.
(2) Whenever additional evidence is allowed to be produced, by an Appellate Court, the court shall record the reason for its admission.
“It is against the spirit of the Code to allow a party to adduce additional evidence without fulfillment of either of the three conditions mentioned in Rule 27,”
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Adv. Reena Rao
Delhi | 25+ Answers
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you have the option to go into the Appeal where the appellate authority have the power to entertain the additional evidence the case or the court have the power to remand back the case in order to prove your case
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Adv. Anupam Singh
Delhi | 25+ Answers
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