AI Overview...
- Court Can Hear Appeal While Witness Summoning Application Is Pending
Main points and insights:
Courts generally have the authority to proceed with hearing appeals even if an application to summon a witness is pending. Several sources indicate that the application for summoning witnesses cannot be dismissed solely on procedural grounds or technicalities and that courts should consider the merits of such applications rather than delaying proceedings. For instance, B. M. Arif VS Boston Tea (India) Limited, Mangalore - Dishonour Of Cheque emphasizes that an application to summon a witness cannot be rejected simply because the witness may be examined after the accused, and courts are expected to allow such applications to ensure proper defense. Similarly, Rajesh Agarwal VS State - Dishonour Of Cheque discusses that courts should not dismiss applications for summoning witnesses on technicalities and that the Court's inherent powers should be exercised to facilitate fair trial proceedings.
Analysis and conclusion:
Based on the references, it is clear that courts retain the discretion to proceed with hearings, including appeals, even if applications to summon witnesses are pending. The emphasis is on ensuring justice rather than procedural delays, and courts are encouraged to consider such applications on their merits rather than dismissing them outright. Therefore, the pendency of a witness-summoning application does not bar the court from hearing an appeal, provided the application is duly considered and disposed of in accordance with legal provisions.
References:
- B. M. Arif VS Boston Tea (India) Limited, Mangalore - Dishonour Of Cheque
- Rajesh Agarwal VS State - Dishonour Of Cheque
Search Results for "Can Court Hear the Appeal while Application to Summon the Witness is Pending"
• India - Dishonour Of Cheque
A.C.KABIN
to defence witnesses—Application cannot be rejected or kept in abeyance to summon witness after examination of accused—Order keeping ... , he shall so appear before any other witness has been examined. ... for issuance of a witness summons cannot be rejected on the ground that he may examine such witness after he is examined as ... Thereafter, he filed an application on 21.11.2003 requesting the Court to issue #HL....
2010 0 Supreme(Del) 535 • India - Delhi
SHIV NARAYAN DHINGRA
Instruments Act, 1881 - Sections 138, 144 - Criminal Procedure Code, 1973 - Sections 62, 63, 64, 65 :- MM can order for serving summon ... by affixing the same on the doors of the residence of the accused in case they are evading personal service of summons as provided ... P.C., if not already taken, and enter their plea of defence before the concerned MM court and make an application, if they want to recall any witness. If they intend to prove their defence without recalling any complainant w....
• India - Dishonour Of Cheque
SHIV NARAYAN DHINGRA
—Criminal Procedure Code, 1973—Section 482—Dishonour of cheque—Cognizance—Quashing application—Since ... MM on summoning and rather approaches High Court, High Court has to refuse to entertain him and ask him to appear before Court of ... —The above & many more petitions arisen out of the proceedings pending before the Trial Courts under Section 138 of Negotiable Instrument Act (N.I. Act) are pending before this Court. ... witness. ....
• India - Gujarat High Court
K.M. Mehta, J
... ... Issues: The central issues revolved around the appropriate grounds for issuing witness summons and the inherent powers of ... . - The application refused by lower court on grounds of procedural technicalities was revisited affirmatively by the appellate court ... ... ... Findings of Court: ... The learned Judge erred by rejecting the application due to technicalities rather than addressing ... This application is for calling wit....
1978 0 Supreme(Bom) 7 • India - Bombay
NAIK
C., 1973, the Magistrate is not under an obligation to summon any witness on his own. ... The complainant challenged the order of discharge by filing a revision application in the Sessions Court. ... It is the responsibility of the prosecution to move the Magistrate by an application to issue a summons to any of its witnesses directing ... the Court to summon any witness either for giving evidence or for producing any document. ... ....
1989 0 Supreme(Raj) 519 • India - Rajasthan
V.S.DAVE
DEFENCE EVIDENCE UNLESS PRISONER BRINGS SOMETHING SUDDENLY AND UNEXPECTEDLY - COURT SHOULD NOT SUMMON WITNESS UNDER SECTION 311 ... Despite several opportunities and issuance of summons and warrants, the Investigating Officer did not appear in court. ... Finding of the Court: The court held that the trial court erred in allowing the Public Prosecutor's application to ... Under the first part, which is permissive,....
• India - Crimes
M.N.BHANDARI
Act—In all cases where Magistrate has proceeded with matter as a summons case and taken evidence of complainant on affidavit and ... The Court cannot afford to be oblivious to the reality that no witness is, on his own volition, desirous of going to the Court for remaining there until his turn is called to mount the witness stand and to undergo the agony of facing grueling questions. ... The application was moved for re-trial of complaint, however, it was dismissed erroneously treating....
2004 0 Supreme(Kar) 229 • India - Karnataka
A.C.KABIN
Finding of the Court: The court found that the accused's application for summoning a defense witness was wrongly kept ... The court held that the accused must be examined first before summoning a witness. ... Fact of the Case: The accused sought to summon a defense witness before his own examination under Section 313 of Cr ... Thereafter, he filed an application on 21-11-2003 requesting the Court to issue summons to his #HL_STAR....
2022 0 Supreme(Del) 792 • India - Delhi
C. HARI SHANKAR
, by learned ADJ, that application did not show any reason, much less a plausible one, to summon witnesses, apart from recital, in ... a finding on right of petitioner to lead evidence of 12 witnesses named in application filed before learned ADJ. ... Para-4 of application, to effect that, if witnesses were not called, petitioner would suffer irreparable loss, is also not correct ... Sub-Rule (3) confers a discretion on the Court to permit a party to summon through Court#HL_E....
• India - Dishonour Of Cheque
Pratibha Rani
of application for re-summoning defence witness—Requirement to hear accused is for the purpose to ask accused what he has to say ... accused and examine witnesses whom accused wanted to produce in his defence—If Trial Court was of the view that witness was formal ... what aspect witness was to be examined and then could have recorded statement—This is a fit case for exercise of inherent power by ... —The petitioner has filed this revision petition impugning the order dated 27.9.2011 pa....
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