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GURVINDER SINGH GILL
Rajesh Kumar @ Rajesh Chauhan – Appellant
Versus
Gurmeet Singh – Respondent
JUDGMENT
Mr. Gurvinder Singh Gill, J.
The petitioner-Rajesh Kumar(accused) assails order dated 28.11.2023 (Annexure P-6) passed by learned Additional Sessions Judge, Gurugram vide which a revision petition filed by the petitioner has been dismissed. The said revision was against order dated 26.7.2023 (Annexure P-4) passed by JMIC, Gurugram, dismissing petitioner's application filed under Section 311 Cr.P.C. for recalling of the complainant i.e. respondent No.1-Gurmeet Singh, in a complaint filed under Section 138 of Negotiable Instruments Act.
2. The complainant alleges that he had paid an amount of Rs. 57,50,000/- to the accused regarding purchase of land but the accused refused to execute the sale deed. After much persuasion accused agreed to return back an amount of Rs. 50 lakhs to the complainant and towards partial discharge of said liability issued cheque bearing No.245028, 245029 and 245030 dated 20.02.2017, 20.03.2017, 20.04.2017 respectively, all drawn on State Bank of India, Mehrauli Road, Gurgaon for Rs. 1 lakh each. However, upon presentation of the said cheques, the same were dishonoured and consequently the complainant instituted a complaint under Section 138 of Negotia
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....
A change of counsel does not justify recalling a witness for further cross-examination; sufficient grounds must be shown to avoid delaying proceedings.
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 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 emphasized that the power under Section 311 Cr.P.C. must be exercised judiciously to ensure a fair trial and should not be used merely to fill gaps in evidence.
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....
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