2014 STPL(Web) 1886 MADRAS [(2014) 3 MLJ (Crl) 730] MADRAS HIGH COURT (HON'BLE MR. M. VENUGOPAL, J.) T. VELNADAR Appellant VERSUS P. AYYANATHAN Respondent Criminal Appeal Nos.710 to 712 of 2011-Decided on 25-7-2014. Negotiable Instruments Act, 1881, (Act), Section 138 - Code of Criminal Procedure, 1973 (CrPC), Section 391 - Criminal Procedure - Additional Evidence - Not allowed - Complaint of dishonour of cheque resulted in acquittal - Appeal against - Plea for additional evidence - Held: Complainant cannot be allowed to produce documents as evidence at an appellate stage, because of the simple reason that the documents in question were very much available before the trial Court at the time of conducting trial of the three cases. (Para 21) In short, the exercise of power by the Appellate Court under Section 391 Cr.P.C. is one of discretion. It is true that the power of an Appellate Court to take additional evidence in Appeal is vested based on the view that the 'Co...