1 (Cr.appln2839/10) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2839 OF 2010 Harish Laxmidas Sampat ..... Applicant. v/s M/s Sachan Securities Ltd. & Anr. ...... Respondents. Mr. Ajit Shobhawat for the applicant. Mr. S.R. Shinde, APP for the State. CORAM: V. M. KANADE, J. DATE : 3rd August, 2010 P.C.:- 1. Heard the learned Counsel appearing on behalf of the applicant. 2. I have perused the impugned order. Applicant is challenging the order passed by the Additional Sessions Judge in Criminal Appeal No.52 of 2008 dated 30/04/2010. By the said order, the application filed by the applicant seeking permission to lead additional evidence under section 391 of the Criminal Procedure Code was rejected. The Sessions Court has observed that the applicant herein had an opportunity to lead evidence in the Trial Court. However, at that time, he chose not to lead any evidence and that only after he was convicted by the Trial Court, he had preferred 2 (Cr.appln2839/10) this application. 3. In my view, there is no infirmity in the order passed by the Sessions Court. It is a well settled position in law that parties to appeal cannot be permitted to lead additional evidence for filling in the lacuna. It is an admitted position that the applicant was given sufficient opportunity in the Trial Court to lead evidence. However, the applicant declined to avail of the said opportunity. Under these circumstances, therefore, no case is made out for interfering with the order passed by the Sessions Court. 4. Application is therefore rejected. (V.M. KANADE, J.) 3 (Cr.appln2839/10)