Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
KULDEEP MATHUR
Rohit Goyal, S/o. Late Shri Ratan Chand Ji – Appellant
Versus
Vijay Kumar, S/o Shri Ram Chandra Ji – Respondent
Order :
(KULDEEP MATHUR, J.)
1. By way of filing the present criminal misc. petition under Section 528 BNSS, the petitioner has prayed for the following reliefs:-
“(i) The impugned order dated 15/01/2025 and 28/08/2024 be set aside.
(ii) The application of the petitioner under section 311 Cr.P.C., be allowed and complainant/ Respondent be called/ summoned for cross examination on the cost of petitioner.
(iii) Any other relief for which the petitioner is entitle be given.”
2. Briefly stated facts of the case are that the respondent- complainant filed a compliant under Section 138 N.I. Act stating therein that the accused- petitioner had taken a loan of Rs.5,00,000/- from him. The accused- petitioner handed over a post dated cheque No.003767 for the sum of Rs.5,00,000/- against the loan amount. However, when the cheque was presented in the Bank of Maharashtra, Branch- Hanumangarh Town, the same was dishonoured with a remark ‘Account Blocked’. The complainant in that view of the matter, sent a legal notice and later on, a complaint was registered under Section 138 of the N.I. Act. After registration of the complaint, the respondent- complainant was examined before the learned trial Court on
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 reaffirmed that re-examination under Section 311 Cr.P.C. is discretionary and should only be granted when essential for justice.
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 under Section 311 of the Cr.P.C. should be exercised sparingly and in the interest of justice, and the mere change of counsel is not a valid ground for the recall of a witness.
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....
Section 311 Cr.P.C. affords discretionary power to recall witnesses but must be exercised with caution, not to prolong proceedings without compelling reasons.
The court emphasized that the power under Section 311 of the Cr.P.C. must be exercised judiciously to prevent failure of justice, and not merely to prolong proceedings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
