Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Complainant not cross examined despite providing opportunities - Petitioner provided an opportunity, in the interest of justice, to cross examine complainant subject to payment of costs of Rs.10,000/-...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Recall of complainant - Dishonour of cheque - Recall of complainant to prove certain documents which is not done cannot be construed to be an act of prejudice - Opinion of trial Court that it was essential for just decision of case cannot be said unjust or illegal - Application..........
Criminal Procedure Code, 1973, Section 311 -- Application u/s 311 Cr.P.C - Can be filed and allowed at any stage of trial, if proposed additional evidence enables Court to come to a just and fair conclusion regarding dispute...........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Disputed signatures - Agreement to sell executed between parties - Complainant contended that accused played a fraud with him as at the time of entering into agreement to sell, land in question was already acquired by State, therefore accused had no authority to sell the land even on basis of SPA - Accused..........
Criminal Procedure Code, 1973, Section 311, 313, Legal Services Authorities Act, 1987, Section 12, 13, Protection of Children from Sexual Offences Act, 2012, Section 4, 5, 6, Indian Penal Code, 1860, Section 302, 363, 366, 376(2)(f), 377 -- Rape and Murder - - Amicus Curiae appointed and on same date, counsel was called upon to defend accused at stage of framing of charges..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of material PWs for cross-examination - Rape case - Prosecutrix had appeared in trial Court on four occasions - She cannot be repeatedly re-summoned for cross-examination - But on one occasion prosecution was responsible for second appearance of prosecutrix because of first date of her examination-in-chief, accused..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW for further cross-examination - Murder case - Doctor not cross-examined as regards MLR of another co-accused - Both accused and co-accused are charged with same offence u/s 302 IPC - No prejudice thus, caused to accused simply by recalling doctor once for cross-examination on limited issue - Application filed by..........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - At the evidence stage - Plea of defence that complainant trying to fill up lacunae - Not tenable as concept of filling of lacuna is not available against prosecution at the stage of evidence - Concept of lacunae in the case of prosecution is a post evidence concept - Moreover, it is available at the stage..........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Requisite criteria for Courts to exercise its discretion u/s 311 Cr.P.C. is whether evidence/documents sought to be brought on record are essential for just decision of the case or not...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of a witness - Court can summon a witness if such person was not summoned earlier, if Court is of the opinion that such person is essential to be examined for just decision of the case...........
