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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J.
C.Md. Musadiquiddin & Another – Appellants
Versus
Sayeedunissa Begum – Respondent
CRL. O.P. No. 10269 of 2023 & Crl. M.P. No. 6669 of 2023
Decided On : 05-05-2023
Negotiable Instruments Act - Recall of Witness - The court dismissed the petition to recall the witness for further cross-examination, allowing the petitioners to argue the case without filing any application and complete the arguments by a specified date.
Fact of the Case:
The petition was filed to set aside the order passed by the Court below in a complaint lodged for the offences under Sections 138 and 142 of the Negotiable Instruments Act, 1881. The petitioners sought to recall the witness for further cross-examination when the matter was posted for arguments.
Finding of the Court:
The Court dismissed the petition to recall the witness and permitted the petitioners to argue the case without filing any application, setting a deadline for completing the arguments.
Issues: The main issue was the petitioners' request to recall the witness for further cross-examination and the request for additional time to argue the case.
Ratio Decidendi: The Court's decision was influenced by the fact that the witness had already been fully cross-examined, and the petitioners' request for additional time to argue the case.
Final Decision: The Criminal Original Petition was disposed of, and the connected miscellaneous petition was closed.
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records pertaining to the order dated 16.03.2023 in C.M.P.No.4381 of 2023 in C.C.No.1387 of 2021 on the file of the Fast Track Court, Metropolitan Magistrate, Saidapet, Chennai and to set aside the same.)
1. This petition has been filed to call for the records pertaining to the order dated 16.03.2023 in C.M.P.No.4381 of 2023 in C.C.No.1387 of 2021 on the file of the Fast Track Court, Metropolitan Magistrate, Saidapet, Chennai and to set aside the same.
2. This petition has been filed to set aside the order passed by the Court below in Crl.M.P.No.4381 of 2023 in Crl.O.P.No.10269 of 2023, thereby the petition filed under Sections 138 and 142 of the Negotiable Instruments Act, 1881 was dismissed.
3. It is seen from the records that the petitioners A1 & A2 in the complaint lodged by the respondent for the offences under Sections 138 and 142 of the Negotiable Instruments Acts, 1881.
4. The respondent, was examined as P.W.1. P.W.1 was fully cross-examined by the petitioners. Again, by way of present application, they filed a petition to recall P.W.1 for further cross-examination that too, when the matter is posted for arguments, and the Court below rightly dismissed the petition.
5. The learned counsel for the petitioners submitted that the matter is today posted for arguments and he seeks further two weeks'' time to argue the matter.
6. Considering the said request, the petitioners are permitted to argue the case without filing any application and complete the arguments on or before 15.05.2023.
7. In view of the above, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.
The decision highlights the importance of timely and efficient conduct of legal proceedings, including cross-examination and argumentation.
Right to fair trial and summary proceedings under the Negotiable Instruments Act.
Belated recall of witness for cross-examination without valid reason rejected after evidence closure.
The right to recall a witness for cross-examination is contingent on demonstrating necessity, especially in summary proceedings under Section 138 of the Negotiable Instruments Act.
The court affirmed that the trial court must complete proceedings under Section 138 of the Negotiable Instruments Act within six months, emphasizing efficiency in the judicial process.
The right of the accused to cross-examine witnesses should not be deferred at the whims and fancies of the accused, and lenient allowance of petitions under 311 Cr.P.C. is deprecated.
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