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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
GURVINDER SINGH GILL
Vijay Grover – Appellant
Versus
Malik Finance Company – Respondent
JUDGMENT :
Gurvinder Singh Gill, J.
1. The petitioner assails order dated 21.11.2023 (Annexure P-4) passed by the learned Judicial Magistrate Ist Class, Yamuna Nagar at Jagadhri, vide which an application filed by the petitioner for recalling the respondent/complainant for further cross-examination has been declined.
2. The petitioner is arrayed as an accused in the complaint under Section 138 of the Negotiable Instruments Act filed by the respondent with respect to dishonor of a cheque for an amount of Rs.4 lakhs which the petitioner had allegedly issued in discharge of his liability i.e. to return the loan amount.
3. After the complainant had concluded his evidence, the statement of the petitioner/accused in terms of Section 313 Cr.P.C. was recorded on 20.12.2022. Thereafter, the petitioner availed some opportunities for leading defence evidence, but later filed an application under Section 311 Cr.P.C. seeking recalling of the complainant for further cross-examination. The said application dated 19.09.2023 was, however, dismissed by the learned Judicial Magistrate Ist Class vide impugned order dated 21.11.2023 (Annexure P-4), which is being assailed in this Court.
4. Learned counsel f
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.
Section 311 Cr.P.C. affords discretionary power to recall witnesses but must be exercised with caution, not to prolong proceedings without compelling reasons.
The main legal point established is the judicious exercise of discretionary power under Section 311 of the Cr.P.C. to ensure the just decision of the case, considering the essentiality of evidence an....
The duty of the court to summon and examine or recall and re-examine any person if their evidence appears to be essential to the just decision of the case under Section 311 Cr.P.C.
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