Cheque bounce case -- Section 311 can be exercised at any stage of the trial -- Only test prescribed as to whether such evidence which is being sought to be produced by resorting to Section 311 of the Code is essential to the just decision of the case or not – Trial Court has not given any finding as such – Impugned order set aside, Trial Court directed to decide the application afresh by testing the application on the touchstone of 'whether the evidence sought to be produced is essential for the just decision of the case or not'.

(P&H HC) Reserved on: 29.08.2022 Pronounced on: 16.09.2022

Expert-examination – Application for additional evidence, which was filed for examination of a Hand-writing Expert to compare the writing on the body of the cheque, which has been asserted by the petitioner to have not been written by him does not have any material significance especially when the signatures on the cheque have been admitted by the petitioner.

(P&H HC) Decided on : 12.01.2018

Material bearing on the case -- Production of copies of complaints, judgments and the FIR so to be lodged by the respondent by way of additional evidence has no material bearing on the facts of the case inasmuch as each case has to be decided on its own merits -- Judgments of other cases may not influence while deciding a particular case and cannot be a guiding factor as each case has its own peculiar facts.

(P&H HC) Reserved on: 17.07.2017 Pronounced on: 27.07.2017

Case fixed for arguments -- After complainant’s evidence, statement u/s 313 of the accused, case was fixed for arguments -- Petitioner/complainant want to summon and examine the concerned Clerk/Record Keeper of the office of Excise and Taxation Officer along with the record submitted before the office with regard to purchase of peddy by the accused/company – Held, evidence is based on the record of the office of the Excise and Taxation Officer which cannot be manipulated by the complainant -- So there is no question of filling any lacuna and the resultant prejudice to the respondents -- Rather it will assist the Court to arrive at the just decision of the case – Application for additional evidence allowed.

(P&H HC) Decided on: 13.03.2015