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RAJNISH BHATNAGAR
Kanta Goel – Appellant
Versus
Atul Gupta – Respondent
JUDGMENT
Rajnish Bhatnagar, J.
1. The present petition under Section 482 Cr.P.C. has been filed by the petitioner with the following prayers:
"I. Quash/set-aside the impugned orders dated Orders Dated 08/12/2022 passed by the Court of Shri Yashwant Kumar Ld. Principal District & Session Judge, North-West, Rohini Courts, Delhi in Crl. Revision No. 227/2022 titled "Mrs. Kanta Goel Versus Mr. Atul Gupta" and order dated 20.07.2022 passed by the Ld. Trial Court Ms. Mansi Malik MM North West Rohini in CC No. 5377/2016 Ps South Rohini Titled "Mrs. Kanta Goel Versus Mr. Atul Gupta"
II. Pass any other order or direction that this Hon'ble Court may deem fir and proper in the nature and circumstances of the case"
2. Briefly stated, the facts of the case are that on 04.07.2013, the complainant/petitioner had filed a complaint against the accused/respondent under Section 138 and 142 of the Negotiable Instruments Act, 1881 before the Ld. CMM, North-West, Rohini Court for returning of cheque bearing No. 023016 dated 25.03.2013 for a sum of Rs. 15,10,000/- for the reason 'Funds Insufficient' vide return memo dated 26.04.2013.
3. Vide impugned Order dated 20.07.2022, respondent/accused moved an applica
Recall of witnesses should not be allowed in a routine manner, and the discretion to recall witnesses should be exercised judiciously to prevent failure of justice.
Provisions of Section 311 of Cr.P.C. which confer upon Court power to summon material witness etc. cannot be permitted to be abused by either party to prolong litigation or to fill lacunae in their c....
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 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 power to recall witnesses under Section 311 Cr.P.C. must be exercised judiciously, primarily to ensure justice, and not to remedy perceived inadequacies in prior legal representation.
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