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ANIL KUMAR UPMAN
Pushpendra Sharma – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. By way of this instant misc. petition under Section 482 Cr PC, the petitioner has challenged the order dated 12.04.2023 passed by learned Pilot Study Special Judicial Magistrate (NI Act Cases) Jaipur Metropolitan-I, Jaipur in Criminal Case No. 156/2018 (Ashok Kumar Chandani v. Pushpendra Sharma) whereby the application under Section 311 Cr.P.C. filed on behalf of the petitioner was dismissed.
2. Learned counsel for the petitioner submits that the petitioner is facing criminal trial for offence under Section 138 of N.I. Act in Criminal Case No. 156/2018 before the learned trial court. It is submitted that on 17.08.2022, an application was filed by the petitioner under Section 315 Cr.P.C. for examining himself as a witness in his defense. The said application was accepted on the same day and the matter was posted for 12.09.2022 for defence evidence. It is submitted that petitioner could not appear before the learned trial court because he was not well on that day and as such, the learned trial court closed the defense evidence. Thereafter, the petitioner moved an application under Section 311 Cr.P.C. for re-opening of defence and to allow him to appear in the witness box but
The court emphasized the right to a fair trial, allowing a petitioner to re-open defense for self-examination, contingent on cost payment to the complainant.
The court held that a party's negligence in utilizing opportunities for cross-examination justifies the dismissal of subsequent applications for such opportunities.
The court emphasized the importance of bona fide applications for re-examination and summoning of witnesses, citing legal precedents to support its decision.
The right to a fair trial mandates that an accused be granted proper opportunities to present evidence, as emphasized by the court's discretion to allow additional evidence under Section 311 CrPC.
The accused has an absolute right to summon witnesses in defense, and the trial court must allow such requests unless there are cogent reasons to deny them.
The accused has an unfettered right to summon witnesses essential for the defence, and the trial court's discretion to reject such requests is limited to preventing vexation or delay.
Relevance and admissibility of documents from a claim petition in a criminal proceeding.
(1) Status attained by a person upon being granted pardon, is conditional and the moment such condition is breached, as certified by Prosecutor, protection provided to such person will be taken away ....
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