Advocates:
Advocate Appeared:
For the Petitioners: Sri. Abdul Raoof Pallipath, Sri. K.R. Avinash (Kunnath), Sri. Prajit Ratnakaran, Sri. E. Mohammed Shafi.
For the Respondent: Sri. P.K. Ravisankar.

Based on the provided legal document, the key points regarding what happens when a witness denies a document during cross-examination are as follows:

1. The document must be marked for identification purposes and retained on file by the Court. This allows the Court to refer to it later for identification and to assess the evidence in relation to the questions asked when the document was produced, without regard to its proof status (!) .

2. The mere marking of a document as an exhibit is only for identification and does not imply admission of proof. If the witness denies the document, it is not admitted into evidence but remains on file for reference (!) .

3. If the witness denies the document, the Court should not return the document to the party that produced it. Instead, the document should be marked, retained on record, and identified with reference to the questions asked during cross-examination. This ensures the Court can consider the document while evaluating the evidence and ultimately deciding the case (!) .

4. The element of surprise is crucial when confronting a witness with a document not previously produced in Court. Such documents can be used during cross-examination to contradict the witness, provided the proper legal procedures are followed, especially satisfying the requirements of Section 145 of the Indian Evidence Act (!) (!) .

5. The legal framework permits confronting a witness with a document during cross-examination, even if it was not produced earlier, as long as it is done in accordance with the provisions allowing such confrontation and the Court's leave is obtained if necessary (!) (!) .

6. When a witness denies the document, the Court's role is to mark the document for identification, retain it on record, but it is not admitted as evidence unless the witness admits to it or the Court deems it relevant and probative (!) .

In summary, when a witness denies a document during cross-examination, the Court should mark and retain the document for identification purposes but not admit it as evidence unless the witness admits to its authenticity or relevance. The process emphasizes the importance of the element of surprise and adherence to procedural rules to ensure fairness and proper evaluation of evidence.