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IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA
Paras Nath Jha – Appellant
Versus
Harjeet Singh – Respondent
| Table of Content |
|---|
| 1. setting aside impugned order. (Para 1 , 2) |
| 2. legal requirements under ni and relevance of financial documents. (Para 3) |
| 3. arguments on admissibility of additional evidence. (Para 4 , 5) |
JUDGMENT :
SWARANA KANTA SHARMA, J
1. The present petition has been filed seeking setting aside of the order dated 19.12.2024 [hereafter 'impugned order‘] passed by learned JMFC (NI Act), South-West District, Dwarka, Delhi [hereafter 'Magistrate‘] in CC. No. 46875/2018, titled "Harjeet Singh v. Paras Nath Jha", vide which the application filed by the petitioner under Section 311 of the Code of Criminal Procedure, 1973 [hereafter ' Cr.P.C .‘] seeking the recall of the complainant (respondent herein) was dismissed.
2. Brief facts of the present case, as evident from the complaint filed in this case, are that the petitioner had borrowed a friendly cash loan of Rs. 10,00,000/- from the respondent on 09.07.2016, owing to which he had executed a promissory note in favour of the respondent. Later, upon several persuasions by the respondent, he had issued a cheque of Rs. 10,00,000/- bearing no. 000002 dated 22.10.2018 drawn on HDFC Bank, RG Complex, Sector-9, Rohini, New Delhi, strongly assu
The legal examination emphasized the limitation on revisiting witness testimony post-closure of evidence, balancing judicial efficiency against the right to a fair trial.
The court upheld the trial court's discretion under Section 311 Cr.P.C. to deny the recall of a witness, emphasizing the necessity of timely evidence for a just decision.
The Court's decision was based on the interpretation of Section 311 Cr.P.C. and the application of the principles laid down by the Supreme Court in similar cases.
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.
The duty of the court to summon and examine or recall and re-examine any person if their evidence appears to be essential to the just decision of the case under Section 311 Cr.P.C.
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