Evidence sought to be produced by way of additional evidence regarding filing of similar complaints under Section 138 of the N.I. Act by the complainant against some other persons was well within the knowledge of the respondent, but he did not make any effort to lead any evidence to that effect before the trial Court itself at the time of his defence evidence – Application should not have been allowed by the Ld. Appellate court.

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

In application pleading that he was not well-conversant with the technicalities of law and even his earlier counsel also did not give him proper advice and as such due to the negligence of his previous counsel, he could not produce the certified copies of the complaints as well as copy of the FIR – Held, respondent cannot be permitted to take the said pleas.

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