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KULDEEP TIWARI
Akanksha Tanneries – Appellant
Versus
Central Bank of India – Respondent
JUDGMENT
Mr. Kuldeep Tiwari, J. (Oral)
The instant revision petition is directed against the interlocutory order dated 09.05.2024, whereby, the learned Magistrate concerned has, by order of court, closed the defence evidence of the petitioner/accused.
2. The learned counsel for the petitioner submits that, an application dated 21.04.2024 (Annexure P-2) was filed by the petitioner before the learned Magistrate concerned, thereby seeking permission to deposit diet money and process fee for summoning the following witness:-
3. The learned counsel for the petitioner submits that, although the application (supra) was allowed, however, it was subject to the condition that the petitioner/accused shall examine the said witness at his own responsibility and no assistance from the Court shall be provided. He further submits that, since this witness is concerned with the complainant- Bank, therefore, except the assistance of the Court, it
The court ruled that a witness crucial for the defence must be summoned through court summons to ensure a fair trial.
The accused has the right to present defense witnesses in a trial, and the trial court must issue summons unless there are valid grounds for refusal, ensuring that fair trial rights are upheld.
The main legal point established in the judgment is that the power under Section 311 of the Criminal Procedure Code should be invoked to meet the ends of justice and exercised for strong and valid re....
The court emphasized the importance of bona fide applications for re-examination and summoning of witnesses, citing legal precedents to support its decision.
The court ruled that once a party closes its evidence, it cannot subsequently recall witnesses to fill gaps in their case, maintaining trial integrity.
Witnesses already examined by one party cannot be summoned by the opposite party without valid justification, as this could lead to an abuse of process and compromise the fairness of the trial.
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