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ASHOK KUMAR JAIN
Sukhdev Singh – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. petition details and procedural background (Para 1) |
| 2. arguments concerning the summoning of evidence (Para 2 , 3) |
| 3. court's analysis of procedural compliance (Para 4 , 5 , 6) |
| 4. abuse of process and precedent application (Para 7) |
| 5. dismissal of petition lacks merit (Para 8) |
ORDER :
Mr. Ashok Kumar Jain, J. - The present Misc. Petition under Section 482 Cr.P.C. has been preferred by the petitioner aggrieved from the order dated 30.01.2020 passed by learned Additional Sessions Judge No.2, Sri Ganganagar in Criminal Revision No.82/2018 (CIS No.231/2018), whereby the order dated 31.07.2018 passed by the learned Additional Chief Judicial Magistrate, Sadulshahar, District Sri Ganganagar in Criminal Case No. 363/2009 (Firm Hansram Jagdish Rai v. Sukhdev Singh) against dismissal of the application under Section 311 of the Cr.P.C. was maintained in a criminal case under section 138 of the Negotiable Instruments Act.
2. Learned counsel for the petitioner submitted that on the basis of liberty granted vide order dated 15.12.2017 passed by a Coordinate Bench of this Court in S.B. Criminal Misc. Petition No.1481/2018 to summon documents at appropriate stage, present petitioner fi
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 emphasized the importance of making efforts to obtain crucial evidence and highlighted the bar on filing a second revision petition under Section 397(3) Cr.P.C.
The discretionary power under Section 311 of the Cr.P.C. should be exercised judiciously and only for strong and valid reasons to prevent abuse of the process of law and ensure expeditious conclusion....
The procedural law governing a special statute, such as the Negotiable Instruments Act, must be strictly followed. Filing belated applications after a Revisional Court's order and misconceptions in i....
The main legal point established in the judgment is the prohibition against filing a second revision petition under the garb of Section 482 CrPC, as well as the need for expeditious disposal of cases....
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's decision was based on the interpretation of Section 311 Cr.P.C. and the legal mechanism for obtaining access to bank account statements.
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