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DEEPAK GUPTA
Tej Ram – Appellant
Versus
Shamsher Singh – Respondent
JUDGMENT
Deepak Gupta, J.
By way of this petition filed under Section 482 CrPC, petitioner prays for quashing of the impugned order dated 24.05.2022 (Annexure P4) passed by ld. JMIC, Talwandi Sabo, whereby trial Court has allowed application dated 04.04.2022 under Section 311 CrPC (Annexure P2) filed by the respondent-accused for recalling defence witness Jasvir Singh, Mandi Supervisor, Market Committee, Maur District Bathinda along with auction register in a complaint No.288 of 2017 titled 'Tej Ram v. Shamsher Singh', under Section 138 of the Negotiable Instrument Act.
2.1 Complaint (Annexure P1) was filed by the petitioner to prosecute the respondent under Section 138 of the NI Act claiming that in order to discharge his liability i.e. to repay the loan amount borrowed by him, accused had issued a cheque dated 26.05.2017 for Rs.2,50,000/-, which on presentation was dishonoured due to 'insufficient funds' in the account of the respondent-accused. Statutory notice was sent to the accused, but in vain.
2.2 After recording preliminary evidence, summoning order was passed. Petitioner concluded his evidence by examining himself as CW1 besides one Jagtar Singh as CW2. Statement of the ac
The court affirmed that under Section 311 CrPC, the recall of witnesses is permissible to ensure justice and allow the accused to present a complete defence, emphasizing the necessity of evidence for....
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 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....
The court established that the power under Section 311 CrPC to summon or recall witnesses is essential for ensuring a just decision in criminal trials, and must be exercised with caution to avoid pre....
A change of counsel does not justify recalling a witness for further cross-examination; sufficient grounds must be shown to avoid delaying proceedings.
Section 311 Cr.P.C. allows courts to summon additional witnesses at any stage for just decision-making, underscoring the importance of ensuring no evidence essential to the truth is left out.
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