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HARSH BUNGER
Vijay Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Harsh Bunger, J.
This order shall dispose of two petitions bearing Nos. CRM-M-9262-2023 titled as " Vijay Kumar v. State of Punjab and another" and CRM-M-9087-2023 titled as " Vijay Kumar v. State of Punjab and another", wherein, the petitioner (in both the petitions) have challenged the order(s) dated 06.01.2023 (Annexure P-4 in both petitions) dismissing the application(s) under Section 311 of the Code of Criminal Procedure, for leading additional evidence filed by him; in proceedings arising from two separate complaint(s) under Section 138 read with section 142 of the Negotiable Instruments Act and under Section 420 of the INDIAN PENAL CODE , filed by respondent No.2-complainant (Jagatjit Singh).
2. Shorn of unnecessary details, the brief facts of the case are that respondent No.2/complainant-Jagatjit Singh had filed various complaints under section 138 of the Negotiable Instruments Act against petitioner-accused (Vijay Kumar) and others. However, during pendency of the said complaints, the matter was compromised between the petitioner along with other accused and the complainant for a sum of Rs.6,80,000/-, whereupon, the petitioner-accused (Vijay Kumar) made payments
The court emphasized that the power under Section 311 of the Cr.P.C. must be exercised judiciously to prevent failure of justice, and not merely to prolong proceedings.
The discretionary power under Section 311 of the Cr.P.C. should be exercised judiciously and only for strong and valid reasons to prevent abuse of the process of law and ensure expeditious conclusion....
The main legal point established in the judgment is the interpretation and application of Section 311 of the Code of Criminal Procedure, emphasizing the limitations and requirements for invoking this....
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 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.
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