JUDGMENT

Vivek Puri, J.

The petitioner has assailed the order dated 29.09.2022 passed by the Court of learned Judicial Magistrate First Class, Amritsar vide which application under Section 311 of the Code of Criminal Procedure (for short 'the Code') has been dismissed and the order dated 25.01.2023 passed by the Court of learned Sessions Judge, Amritsar vide which revision petition has been dismissed.

2. The petitioner has been arraigned as an accused in the complaint under section 138 of the Negotiable Instruments Act (for short 'the Act') instituted by the respondent. As per the information, the petitioner had issued a cheque of Rs. 10 lakhs in discharge of his legal debts and liabilities in favour of the respondent and the same has been dishonoured on presentation with the remarks "Exceeds Arrangement". During the course of proceedings in the trial Court, the petitioner had moved an application under Section 311 of the Code for summoning the witnesses along with record. The application has been dismissed by the learned trial Court in terms of the order dated 29.09.2022 (Annexure P-5) and the revision preferred by the petitioner in the Court of learned Sessions Judge has also been dismissed in terms of the judgment dated 25.01.2023 (Annexure P-7).

3. Aggrieved by the aforesaid order/judgment, the petitioner has preferred the present petition seeking to quash/set aside the said order/judgment.

4. I have heard learned counsel for the petitioner and perused the record.

5. Learned counsel for the petitioner contends that the proposed evidence is essential for the just decision of the case and the petitioner is within his rights to produce the additional evidence as per the provisions of Section 311 of the Code. Although, there has been a delay in moving the application, but as per Section 311 of the Code, the additional evidence can be led at any stage of the trial.

6. The permission to lead additional evidence in the trial Court has to be granted on the touch stone of the provisions of Section 311 of the Code, which reads as under:-

"311. Power to summon material witness, or examine person present - Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case."

7. The recourse to Section 311 of the Code is to be resorted only with an object of finding out the truth and procuring the proof of fact which may lead to just and correct decision of the case. Section 311 of the Code enables the Court with the power to summon, recall and re-examine any witness, who has already been examined. This section confers a wide discretion on the Court to act as the exigencies of justice and the circumstances of the case may require. The Court can summon any witness, if the examination of such witness appears to be essential for the just decision of the case. However, it has also to be borne in mind that such power cannot be exercised to permit any of the parties to fill up lacuna in its case. The material on record should not indicate that there has been undue slackness on the part of the petitioner in pursuing the matter in the trial Court. There must be material to justify for exercise of the discretionary power vested in the Court.

8. On adverting to the merits of the present case, the petitioner has sought to produce the following ev