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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
URMILA JOSHI-PHALKE, J.
Madhukar Kacharuji Jumale – Appellant
Versus
Thakurdas Hasaram Santani, – Respondent
JUDGMENT :
URMILA JOSHI-PHALKE, J.
1. Heard.
2. Admit.
3. Heard finally by consent of learned counsel appearing for the parties.
4. By this application, the applicant is seeking quashing and setting aside the order passed below Exhibit No. 146 by the Judicial Magistrate First Class Court No. 2, Akola, by which the application filed under Section 311 of the Criminal Procedure Code is rejected.
5. It is contended by the applicant that a complaint has been filed under Section 138 of the Negotiable Instruments Act, 1881, in the Court of Chief Judicial Magistrate Akola, which was registered as S.C.C. No.1205/2013. It is alleged that the complainant has paid the amount of Rs. 10 lakhs for business purpose for the accused, and the amount of Rs. 7 lakhs was decided to be repaid, and the M.O.U. was executed on 17/01/2007. There was a business partnership in between complainant and the accused. However, ultimately the amount was demanded back by the complainant, and therefore, the applicant has issued two cheques on 20/07/2012 drawn on Washim Urban Cooperative Bank Ltd., Washim, of Rs. 5 lakhs dated 20/11/2012 and Rs. 5 lakhs dated 31/01/2013. The cheques were presented and returned back with an e
The court emphasized that the power under Section 311 of the Cr.P.C. must be exercised judiciously to prevent failure of justice, and not merely to prolong proceedings.
The court upheld the dismissal of an application to recall a witness under Section 311 Cr.P.C., emphasizing the need for judicious use of this power to ensure fair trials without unnecessary delays.
The court emphasized that the power to recall witnesses under Section 311 Cr.P.C. must be exercised judiciously, ensuring it is essential for a just decision and not merely to fill gaps in evidence.
The court emphasized that the power to recall witnesses under Section 311 Cr.P.C. must be exercised judiciously, ensuring it is essential for a just decision and not merely to fill gaps or delay proc....
The discretionary power under Section 311 of the Cr.P.C. should be exercised judiciously and only for strong and valid reasons to prevent abuse of the process of law and ensure expeditious conclusion....
The power under Section 311 of the Cr.P.C. should be exercised sparingly and in the interest of justice, and the mere change of counsel is not a valid ground for the recall of a witness.
The court affirmed that under Section 311 CrPC, the recall of witnesses is permissible to ensure justice and allow the accused to present a complete defence, emphasizing the necessity of evidence for....
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