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SHAMPA DUTT (PAUL)
KIP Limited – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revision has been preferred against an Order dated 06.04.2023 passed by the Learned Metropolitan Magistrate, 14th Court, Calcutta in connection with Complaint Case No. 34911 of 2009 which had been initiated in the backdrop of an alleged commission of an offence under Section 138 of the Negotiable Instruments Act, 1881 against the opposite party no. 2 herein, thereby rejecting the petitioner's prayer under Section 311 of the Code of Criminal Procedure for recalling of Prosecution Witness No. 1.
2. The petitioner is a private limited company and has initiated proceedings under Section 138 of the Negotiable Instruments Act, 1881 against the opposite party no. 2.
3. The case in the petition of complaint is that the petitioner was carrying on its business of mining of granites. The opposite party no. 2 approached the petitioner to provide her with financial assistance for the purpose of expanding her business, which she carried on with her other family members. The petitioner, in good faith, provided financial assistance to the Opposite Party No. 2 from time to time. The opposite party no. 2, in partial discharge of her existing debts and/or
The main legal point established in the judgment is the essentiality of evidence for a just decision, as provided under Section 311 of Cr.P.C.
The Court has the discretion to summon witnesses or recall and re-examine any person if their evidence appears to be essential to the just decision of the case, as per Section 311 Cr.P.C. This power ....
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....
The court emphasized the duty to allow the prosecution to correct errors in the interest of justice and to find out the truth, citing the wide powers of the court under Section 311 of Cr.P.C. and Sec....
The power under Section 311 CrPC is to be exercised judicially and not capriciously or arbitrarily, and only when the evidence sought to be obtained is essential to a just decision of the case.
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