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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRA
Ram Narayan – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
The present petition has been filed under Section 482 Cr.P.C. for setting aside the order dated 26.09.2022 passed by the learned Additional Sessions Judge, Kaithal whereby order dated 17.03.2022 passed by the learned Judicial Magistrate 1st Class, Kaithal dismissing the application filed by the petitioner for recalling the defence witness, has been upheld.
2. In brief, the facts are that respondent No.2-complainant has filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the NI Act) against the petitioner for dishonour of cheque bearing No.517220 dated 25.09.2017 for an amount of Rs.3,50,000/- drawn on the State Bank of India Anaj Mandi Pundri, District Kaithal, which was allegedly given by him for discharge of his legal liability. During the pendency of the said complaint, petitioner moved an application for recalling of DW1 Mukesh and summoning of Mr. K.L. Sharma, Advocate, who was appearing for the respondent No.2-complainant as a witness in his defence. The said application was dismissed by the learned Judicial Magistrate 1st Class, Kaithal vide order dated 17.03.2022 and the revision petition pr
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 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....
A change of counsel does not justify recalling a witness for further cross-examination; sufficient grounds must be shown to avoid delaying proceedings.
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