IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Virender Singh, J
Prithvi Raj – Appellant
Versus
Tajinder Singh – Respondent
JUDGMENT :
Virender Singh, J.
Petitioner-Prithvi Raj has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNSS’), against the order dated 18.10.2024, passed by the Court of learned Judicial Magistrate First Class, Court No.2, Paonta Sahib, District Sirmaur, H.P. (hereinafter referred to as the ‘trial Court’), in case, bearing CrMA No.1022/2024, filed in Criminal Complaint No.406/2022, titled as ‘Tajinder Singh Vs. Prithvi Raj’, whereby, the application, under Section 311 of the Code of Criminal Procedure (hereinafter referred to as the ‘CrPC’), for producing additional evidence by the petitioner has been ordered to be dismissed.
2. For the sake of convenience, the parties to the present lis are, hereinafter referred to, in the same manner, as were, referred to, by the learned trial Court.
3. Brief facts, leading to the filing of the present petition, as per the documents, annexed with the petition, may be summed up, as under:-
3.1. Complainant-Tajinder Singh had filed a complaint, under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the ‘NI Act’), against accused-Prithvi Raj. In the sai
The right to present a defense is fundamental, and a court must allow evidence to be introduced unless there is a compelling reason otherwise.
Accused can file Section 311 CrPC application for defence evidence post-Section 313 declination; trial court cannot deny on delay/negligence grounds or pre-judge proposed defence merits. (24 words)
Right to lead defense evidence is essential for a fair trial, and courts must ensure opportunities are provided even in cases of prior delays.
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 ....
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