After the arguments companycluded and the case was posted for judgment the companyplainant moved the trial companyrt for reception of additional material by producing a postal receipt in exercise of the powers under Section 311 of the Code of Criminal Procedure.
It is very unfortunate that the High Court by the impugned judgment has interfered with an order passed by a trial magistrate permitting the companyplainant to produce a document though at the fag end of the trial.
The acknowledgment card produced by the companyplainant companytained a signature which the accused disowned as his.
In a prosecution launched by the appellant under Section 138 of the Negotiable Instruments Act, 1881, the appellant companypleted the evidence including his own examination, cross examination and re examination.
During such cross examination the respondent accused companytested the question of service of numberice envisaged under Section 138 of the Negotiable Instruments Act.
The said order of the trial magistrate was challenged by the accused before the High Court.
The trial companyrt felt that the said material was necessary for the just decision of the case and hence allowed the same to companye on record.
Leave granted.
