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AJAY MOHAN GOEL
Duni Chand – Appellant
Versus
Amar Chand – Respondent
JUDGMENT :
(Ajay Mohan Goel, J.)
1. By way of this petition, the petitioner has challenged order dated 04.03.2022, passed by the Court of learned Judicial Magistrate, 1st Class, Manali, Distt. Kullu, H.P., in terms whereof an application filed under Section 311 of the Criminal Procedure Code, with a prayer to allow the applicant to place on record the documents appended therein, has been dismissed.
2. I have heard learned counsel for the parties and have gone through the impugned order.
3. The respondent herein has filed a complaint against the petitioner under Section 138 of the Negotiable Instruments Act. This complaint was filed in the year 2016 and is still pending adjudication. After the statement of the accused was recorded under Section 313 of the Criminal Procedure Code and after seven opportunities were granted to him to lead his evidence, he failed to lead complete evidence and thereafter when the matter was being listed for final hearing, an application stood filed by the accused under Section 311 of the Criminal Procedure Code, copy whereof is appended with the petition as Annexure P4. The prayer made in the application was to the effect that the applicant intended to pl
Section 311 of Criminal Procedure Code, confers upon Court power to summon material witness or examine person present and same does not envisages power to allow a party to place on record documents a....
The trial court can convict under Section 138 in the absence of the accused if justified, emphasizing the quasi-criminal nature of such proceedings.
The trial Court may proceed in the absence of the accused in Section 138 cases, dispensing with the Section 313 statement if the accused's absence is unjustified.
The trial court can convict under Section 138 in the absence of the accused if justified, emphasizing the quasi-criminal nature of such proceedings.
The central legal point established in the judgment is that the power under Section 311 of the Code can be exercised at any stage of the trial, and the evidence sought to be produced must be essentia....
Provisions of Section 311 of Cr.P.C. which confer upon Court power to summon material witness etc. cannot be permitted to be abused by either party to prolong litigation or to fill lacunae in their c....
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